Saturday, September 26, 2009

Walmart Lawsuit: Potential Victory

The current lawsuit brought against Orange County might lay the seeds for ultimate victory in protecting the Wilderness battle site from Wal Mart.

As a lawyer, I can tell you that this suit might drag for a year or two. With the discovery or document exchange between both sides, the case could last for a while. Once discovery is complete, either or both sides will file motions for summary judgment to try and get the case dismissed. One side will dislike that outcome and appeal. Once the motions are resolved, both sides will face the inevitable trial. This could go on forever.

This lawsuit is the ultimate delaying tactic. However, in war, antagonists often take steps to buy time. By the time this case gets resolved, there could be a settlement or Wal Mart could throw up its hands and give up on the store or accept the proposed alternative site.

This is a good move by the historic preservationists. The ball is now in the County and Wal Mart's court.
Sent from my Verizon Wireless BlackBerry

No comments:

Post a Comment