The battle over a Wal-Mart Supercenter at Northcross Mall shifts to the courtroom later on Thursday.

KVUE News

The New Wal-Mart planned for Northcross mall promises a more upscale, modern feel

The groups Responsible Growth for Northcross and the Allandale Neighborhood Association filed lawsuits against the City of Austin and the developer, Lincoln Property Co.

Both groups say approval of the plans to develop a two-story Wal-Mart was done illegally. Thursday, the Allandale Neighborhood Association will seek a summary judgment in its lawsuit.

At issue is whether the Lincoln Property site plan violated city code, which requires a public review process when a "conditional use" of land is included as part of a development.

In this case, Wal-Mart's proposed 6,000 square foot garden center may qualify as conditional use.

If the judge agrees, Lincoln Property may have to resubmit its site plan, subjecting it to the strict requirements Austin's big box ordinance.

Lincoln Property representatives agreed to halt construction on the new store until a hearing could be held.

The court will hear the Responsible Growth for Northcross part of the lawsuit on November 13.

Thursday's hearing is scheduled for 2 p.m.