In papers filed Friday, Simmons maintains that Judge Frederic Link should not have presided over the Jan. 28 trial because he owns land in a redevelopment area. The ballpark also is in a redevelopment zone.
City officials say the motion is without merit.
Simmons is seeking to block Link from presiding over a March 15 hearing at which the city and the Padres hope to recover $10,000 in attorneys' fees from Simmons and/or his attorney, Stanley Zubel.
The Centre City Development Corp, the city's downtown redevelopment arm, was a defendant in the lawsuit. According to Simmons, Link could not be objective in the case because he might have to work with the agency in the future if his land ever comes up for redevelopment.
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