Judge Margaret Cooper awarded Lincoln Properties $22,748 in attorney's fees attributed to defending against Allandale's claims regarding approval of the Northcross site plan that includes a 196,000 sq ft Wal-Mart Supercenter. While the order has not been finalized, this is the amount granted by Judge Cooper at the hearing that took place on Monday, April 14.
Attorneys for Allandale filed a petition before the District Court seeking payment for part of our legal fees related to our lawsuit against the City. This amounted to $5,300 attributable to the fees incurred from responding to Lincoln Properties' (the Northcross developer) claims regarding standing and ripeness. Allandale lost on the issue that mattered most having to do with whether or not the city followed its own laws regarding approval of a site plan that includes a structure that under its legal code is considered a conditional use. The judge ruled in favor of the city and Lincoln and thereby Wal-Mart on this issue but Allandale prevailed on the issue of standing - we had a right to bring suit against the devloper, and ripeness - if we had issue with the development this was the right to time raise it and not after the development was in place. For these reasons, Allandale asked to be compensated for the associated legal costs relating to these two issues. Judge Margaret Cooper disagreed and ruled in favor of Lincoln's cross-motion to recover it's attorney's fees having to do with that portion of the suite related to Allandale's claims.
