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Thursday, April 27, 2006
Ind. Law - More on Crown Point's "Big Box" Ordinance
Updating this ILB entry from Jan. 13th, 2006, detailing Lauth Development Group's filing suit against Crown Point, is this story by Allison Fasher in today's Munster (NW Indiana) Times, headlined "CP hires firm for big-box suit." Some quotes:
CROWN POINT | The city is turning to outside counsel to assist with its fight against a big-box developer's suit.On Wednesday the Board of Works approved hiring Spangler, Jennings & Dougherty to represent it in the lawsuit filed by Lauth Property Group LLC and Crown Point Partners LLC March 8 in Lake Superior Court.
The suit accuses the city and the Crown Point Plan Commission of enacting an ordinance controlling big-box development to prohibit a Wal-Mart. It claims the city violated the U.S. Constitution, the Indiana Constitution and says the decision conflicts with federal and state anti-trust laws. * * *
The city will pay a fee of $170 per hour for partners, $150 per hour for associates and $80 per hour for paralegals, according to the contract. It was approved retroactive to March 24.
Board member Mike Conquest supported the move.
"I think we want to defend this pretty aggressively," he said.
Earlier this month the city requested the suit be moved from county court to federal court in Hammond.
Posted by Marcia Oddi on April 27, 2006 08:52 AM
Posted to Indiana Law