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Trussville council, redevelopment authority ask judge to dismiss lawsuit over incentives

By Gary Lloyd

TRUSSVILLE — Attorneys for the Trussville City Council and Downtown Redevelopment Authority are asking a Jefferson County judge to dismiss the two entities as defendants from a lawsuit filed over incentives used to bring new businesses to the city’s former vacant Food World building.

The lawsuit, filed in October on behalf of Anytime Fitness owner Rick Plourde and Trussville resident George Glenn, alleges the two bodies “acted in violation of applicable law in regards to the subject property.” The lawsuit states the individuals or administrative bodies may have acted “arbitrarily, capriciously, negligently or carelessly in the development of or approval for the subject property.”

Fresh Value Marketplace in Trussville opened Dec. 6.
file photo by Gary Lloyd

In a Tuesday filing on behalf of the Downtown Redevelopment Authority, attorneys argue that the claims made in the lawsuit were settled in 2011 when a court ruling allowed the city of Trussville to purchase the Village in Trussville shopping center. The attorneys further argue that Downtown Redevelopment Authority members are protected from civil liability by state law because they serve as volunteers.

The filing states that the authority has “the power and discretion to purchase and/or to lease” the property.

Fresh Value Marketplace opened in the former Food World on Dec. 6. 24e Fitness plans to open later this month.

Contact Gary Lloyd at news@trussvilletribune.com and follow him on Twitter @GaryALloyd.

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