A DeKalb County judge denied on Tuesday Selig Enterprises' motion to intervene in a lawsuit seeking to prevent construction of a Walmart Supercenter in North Decatur, Good Growth DeKalb said.
"This means that Suburban Plaza, owned by Selig, cannot make arguments at
the hearing on Friday, August 9, and means Selig’s Motion to Dismiss
the case is moot," the group wrote on its Facebook page. "But we still have to contend with the county’s Motion to Dismiss so please come out to the rally and hearing on Friday."
Attorneys with Good Growth DeKalb – which filed the lawsuit in March – received notice of the superior court ruling Tuesday. The first court hearing in the suit is scheduled for Friday. No other information was available Tuesday night.
Selig Enterprises has been trying to redevelop its Suburban Plaza shopping center on North Decatur Road, including the construction of a Walmart Supercenter. The Atlanta development company had received necessary approvals from the DeKalb County government and was moving forward with construction when the suit was filed.
Good Growth DeKalb contends that its January construction permit appeal based on county truck, tree and
hydrology ordinances was not handled by the proper county board.
CORRECTION: The headline and lede of this story initially said the court denied Selig's motion to dismiss, which is incorrect. The court denied its motion to intervene. Both have been corrected.