Meanwhile, Emmert/Brundidge's requested jury trial on relatedalleged civil rights violations by the city is tentativelyscheduled for June 12. The case is similar to the Dolan vs. City ofTigard, which went all the way to the US Supreme Court. Ruling infavor of the Dolans, the court determined the city must show a"rough proportionality" between the requirements it imposed on theDolans' development and the effect the store's expansion would haveon the city.

The Emmert/Brundidge problem began in April 1999, whendevelopers Terry Emmert and Darren Brundidge appealed the city'sinitial assessment of $829,826 in transportation fees with regardto two of the company's retail developments. Their claim was thecity building official used the wrong formula and outdated data.Their independent report showed the fees should be closer to$170,710. The city later admitted a clerical error and reduced theassessment, but only to the mid-$700,000 range. The City Commissionrejected Emmert/Brundidge's appeal without a hearing the followingmonth, and the duo filed their action in Circuit Court. Emmert andBrundidge also have appealed the city's transportation systemsdevelopment charges on other retail developments it is working onwithin the new shopping center.