Dillard’s seeks delay; may appeal

“Attorneys for Dillard’s Inc. have asked the court to set aside a Sept. 3 deadline for appointing special commissioners in its eminent domain case, arguing in part that an automatic 20-day stay in the court’s decision to grant title to the City of Longmont must run its course before the commissioners are appointed, according to court documents.

Attorneys for the city are protesting Dillard’s request, saying that Dillard’s has misread the law and is simply seeking to further delay the eminent-domain proceedings.

A Boulder District Court judge ruled earlier this week that Longmont officials can take title to the Dillard’s (NYSE: DDS) store at Twin Peaks Mall in the eminent-domain case. Mall owner NewMark Merrill Mountain States plans an $80 million redevelopment on the site.

The special commissioners are charged with deciding the price of the store. Dillard’s attorneys also said they’re “considering all of their options, which may include an appeal,” in the motion to Boulder District Court.”

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Potter, Beth Boulder COunty Business REport 30 August 2013.