FAIRHOPE, Ala. — Once scheduled to begin this week, a trial date in a lawsuit over development of a big-box Publix Super Market and one at the Dyas Triangle on U.S. 98 has been postponed again.
Filed by members of the Dyas family against the …
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FAIRHOPE, Ala. — Once scheduled to begin this week, a trial date in a lawsuit over development of a big-box Publix Super Market and one at the Dyas Triangle on U.S. 98 has been postponed again.
Filed by members of the Dyas family against the city of Fairhope and Tim Kant in April 2008, the prolonged litigation is now set for jury selection to start Aug. 3 in federal court in Mobile.
“This is a firm setting and the parties are expected to be ready for trial on that date,” according to a court order filed in January.
The plaintiffs sought to build a similar big-box store at U.S. 98 and Veterans Drive, at the so-called “Dyas triangle,” and claim they were thwarted in their efforts by the city and Kant. Because their request to build a similar project was denied, they claim they were treated unfairly and that promises made to them were broken.
Dozens of people have been deposed in the case, including Kant, who is Fairhope’s mayor, as well as other current and past city officials and staff.
Originally set for trial in October, then rescheduled to May 4, the case is expected to last a week in August, according to court documents.
One current battle fought out through a barrage of motions and briefs involves what kinds of questions can be asked of current and past members of Fairhope’s City Council.
The defendants sought successfully last year to limit some testimony, but that issue flared again in March during a deposition of Councilwoman Debbie Quinn.
As of press time, this complicated legal issue over just what questions the plaintiffs can ask regarding how city officals decided to approve one big-box project and deny another has not been completely resolved.