Judge Rules in Favor of City in Village Square Mall Litigation

Judge Michael McHaney Thursday ruled in favor of the City of Effingham in its ongoing battle to have repairs made to Village Square Mall.

Previous court rulings in the case have authorized the City to proceed with getting repairs made, with the cost of the work to be paid by the mall's owner, Durga Properties. The most recent issue is work on the portion of the mall roof that covers the former J.C. Penney location on the south end of the facility. Durga's attorney had filed a motion to stop the City from contracting for work on the roof over the Penney's portion of the mall building.

Durga had argued that "the parties (in the case) and the circuit court have struggled with the procedural posture of this case." McHaney, instead, wrote "it is clear to this court that the only party who has struggled is Durga." The judge also wrote "it is crystal clear to this court that Durga's motion to approve is a baseless attempt at an end run around existing agreed orders and rulings from which Durga has appealed and lost."

Durga had also sought a petition for relief from judgment. McHaney wrote 'this court declines the invitation to wave a magic wand, say abracadabra, and turn Durga's frivolous motion to approve into a properly pled petition." The judge also wrote, "the only thing not clear to this court is why the City has failed to hire a bulldozer and razed the mall to the ground, but that course of action is for another day."

McHaney also vacated a telephone conference call set for August 19, and directed the City to coordinate a hearing date on its request for reasonable expenses and attorney fees incurred because of Durga's motion to approve.