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Saturday, December 23, 2006
Ind. Law - Still more on Crown Point's "Big Box" Ordinance
This April 24th ILB entry reports that Crown Point had hired "outside counsel to assist with its fight against a big-box developer's suit."
Yesterday, a brief story by Marisa Kwiatkowski in the NWI Times reported:
A lawsuit challenging Crown Point's stance on big-box development is on hold.Lauth Property, LLC and Crown Point Partners LLC and the city filed a joint motion to stay the federal district court case for 120 days. The move could mean the end of a fight to bring a Wal-Mart store to Crown Point.
The developers entered into a tentative agreement to sell 56.77 acres at the southeast corner of Interstate 65 and U.S. 231 to Harlem Irving companies, according to court documents filed earlier this month.
Lauth and its partner's initial plan to bring two anchor stores to the undeveloped area was blocked by the city earlier this year.
In March, Lauth filed a complaint against the city and Plan Commission, accusing them of enacting an ordinance controlling big-box development to prohibit a Wal-Mart from coming to Crown Point.
The ordinance forces retailers who want to build stores 75,000 square feet and larger to go before the Board of Zoning Appeals and City Council for a special-use permit.
The suit claims the city and commission violated the U.S. Constitution, the Indiana Constitution and conflicts with federal and state anti-trust laws.
City Attorney Rich Wolter said he is optimistic the property sale will go through, and the suit against the city will be dropped.
Posted by Marcia Oddi on December 23, 2006 08:30 AM
Posted to Indiana Law