Chronicle: Second Lawuit Filed

We reported last week that the Allandale Neighborhood Association (ANA) had authorized a lawsuit against the city and the Northcross developer. This lawsuit would be separate from (but similar to) the RG4N action.

The Austin Chronicle is reporting this morning that ANA is ready to move forward and file their suit, and probably has done so by this time. ANA believes the administrative approval with no public hearings was wrong, and it wants to clarify the role City Council can play in reviewing staff decisions.

“It’s a very ripe situation for getting a judge to interpret city ordinances, and to determine whether interpretations by city staff were correct,” said Bruce Bigelow, attorney for the surrounding neighborhood association. ANA alleges that city staff got it wrong. At issue is whether the project qualified for the easier administrative approval process it received—which involves only staff reviews, with no input allowed by council or the public. ANA contends that a garden center within the planned Wal-Mart should have triggered a conditional-use-permit (CUP) process—which requires Planning Commission review and a public hearing, and allows appeal to Council for a final decision.

The article has some positive news on the RG4N lawsuit. The lawsuit includes a request for a temporary restraining order that would prevent the developer from demolishing certain protected trees. That article reports that the developer and RG4N are working towards an agreement on this issue.

For the immediate term, Lincoln has agreed to halt construction; RG4N won’t go to court and seek the restraining order from a judge unless Lincoln Property decides to proceed. “We’re hoping for a longer-term agreement, but you just never know,” said [RG4N attorney Brad] Rockwell.

Read the full article here: Breaking: Second Lawsuit Filed Against Northcross Wal-Mart

8:58pm update: The suit has been filed. Read the press release at the Allandale Reporter web site: Allandale Neighborhood Association Sues the City of Austin