FAIRHOPE, Ala. - As reported in The Fairhope Courier’s online edition Tuesday, a judge’s order that afternoon left several claims standing against the city filed by members of the Charles Dyas family in 2008, clearing the way for a February jury trial in Mobile federal court.

“Three of the claims have been approved by the federal court to proceed to trial,” said Matt McDonald, a partner in the Mobile office of the Jones Walker law firm and lead attorney for the plaintiffs. “We are pleased that we will be able to present this case to a jury and believe that the remaining cliams will allow us to demonstrate how the city’s actions have significantly harmed our clients.”

The complex lawsuit filed by the Dyas family, including Eric Dyas, also a partner in the Jones Walker firm, brought a total of seven claims against the city and Mayor Tim Kant, alleging the city illegally thwarted efforts to develop the “Dyas Triangle” property at U.S. 98 and Section Street.

Both counts of misrepresentation and conspiracy against Kant were dismissed, but a total of three claims involving breach of contract, state equal protection violations and negligence survived Chief U.S. Judge William H. Steele’s Dec. 14 ruling.

The judge dismissed other claims against the city involving inverse condemnation and due process and federal aspects of the equal protection claim.

“I always knew that I hadn’t conspired against anybody,” Kant said Thursday. “I’m just glad the judge, after reading the arguments, agreed and dismissed everything against me personally.”

Caine O’Rear of the Mobile office of the Hand Arendall law firm and lead attorney for the defendants declined comment.

The gist of the plaintiffs’ allegations is that the city acted illegally by actions the Dyases claim favored the developers of the shopping center anchored by a Publix Super Market across the highway from the Dyas property

The court has scheduled a Jan. 13 pretrial hearing in the case and jury selection is scheduled to occur the first week of February. Attorneys for both parties have stated in court documents that a settlement is unlikely in the case.

In a related case, the city’s liability insurance company, which had been paying some defense costs in the Dyas lawsuit, filed suit against the city earlier this year, claiming they were not obligated to defend the city and dropping any further support in defense of the case. Kant said he understands that lawsuit has been put on hold pending the outcome of the Dyas lawsuit. The Hand Arendall law firm is also representing the city against the Alabama Municipal Insurance Corp. in that lawsuit.