FAIRHOPE, Ala. — The federal magistrate judge handling preliminary proceedings in the lawsuit brought by members of the Dyas family against the city of Fairhope and Timothy M. Kant issued an order Tuesday in the case, limiting what questions could be asked in upcoming depositions of some individuals.

The judge also referred to private votes and closed-door discussions made by the City Council and the Planning and Zoning Commission in the case involving the Village North mixed-used development at the so-called Dyas Triangle at the intersection of U.S. 98 and Veterans Drive.

The lawsuit maintains that city officials thwarted development of the Dyas property while facilitating development of the Shoppes at Fairhope Village across the street, known locally now as the Corte rectangle. A Publix Super Market is nearing completion at that planned unit development at the intersection of U.S. 98 and Parker Road.

The court’s June 2 ruling was in response to a motion by the defendants to limit some deposition testimony. The court granted part of that motion but denied the rest of it.

“As I read the order, there is a testimonial privilege that is very narrow that would preclude questioning the public official about the deliberations at the meeting where the vote took place and about their votes that they recorded,” said Matt McDonald, one of the lead attorneys representing the plaintiffs. “Other than that, everything else is fair game. That is, you can ask them anything other than about the meeting when the vote took place.”

McDonald would not comment on U.S. Magistrate Judge William Cassady’s statements in his order regarding private votes and closed-door discussions other than to say “the order speaks for itself.”

In the plaintiffs’ opposition to the defendants’ motion to limit deposition testimony, the transcript of Kant’s seven-hour deposition taken in January was attached in support of the plaintiffs’ motion.

The court referred to that deposition in one part of his ruling.

“The undersigned has read Kant’s entire deposition and while it is clear from that deposition that public hearings were held and public comments made with respect to zoning/rezoning proposals and amendments before the City of Fairhope’s Planning and Zoning Commission and City Council, those bodies ultimately met and voted in private with respect to such proposals and amendments,” the judge’s June 2 order stated. “Such private votes were also ultimately made with respect to where to place traffic signals.”

Caine O’ Rear, one of the lead attorneys for the defendants in the case, said that Kant’s deposition did not reveal any such private votes or private discussions, nor were there any such facts alleged or supported in the case by either side.

“Without commenting on the order itself and/or whether it is final or will be clarified in the future, I can say that there were no private votes or votes in closed-door sessions related to this case, and there is no claim, contention or evidence in the case, asserted by either side, of any such conduct,” O’Rear said Thursday. “I’m sure the parties will be seeking a clarification of this from the court very soon.”

The court concluded its order by stating that “the motion to quash and for protective order filed by Dan Stankoski, Bob Gentle, Debbie Quinn, Cecil Christenberry, Mike Ford, Ed Brinson, Dan McCrory, Jean Wilson, and Gary Moore, together with defendants City of Fairhope and Timothy M. Kant is granted in part and denied in part. This motion is granted to the extent that plaintiffs are prohibited from deposing (the above individuals) regarding any closed-door discussions and voting relevant to this case; the motion is otherwise denied. In other words, plaintiff may specifically depose any of the foregoing named city legislators regarding matters not subject to the testimonial privilege.”

Stankoski, Quinn and Ford are current members of the council, and Gentle and Christenberry past members. The other individuals are current or past members of the commission.

Thus far, the following individuals have been deposed in the case, according to lawyers on both sides of the dispute: Kant, Arthur Corte, Fairhope General Superintendent Gregg Mims, Christopher Baker (with Hutchison Rauch and Moore firm, and former city planning director), Eric Dyas, Craig Dyas, Art Dyas, members of the Alabama Department of Transportation, Volkert and Associates engineering firm and two expert witnesses for the plaintiffs.

Public Works Director Jennifer Fidler and Planning Director Jonathan Smith are scheduled for depositions on Monday.

Jury selection in the case is set for Nov. 3 before U.S. District Court Judge William Steele in Mobile.