Judge delays ruling in lawsuit against city over Cabela’s deal

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HUNTSVILLE, Ala. (WHNT) -  A dismissal hearing Friday afternoon put Huntsville city attorneys against those of a private citizen alleging the city overpaid to bring Cabela's to town.

Carl Fallin Sr. filed a lawsuit and an open records request -- saying Huntsville officials "gave away" public property under the guise of economic development.

In response to the request for the documents, the city submitted 2,300 pages of records pertaining to the deal, but that only addresses part of the lawsuit.

"The judge is withholding her ruling for a period of 14 days so the parties can talk more," said Huntsville city attorney Peter Joffrion.

Fallin's lawyers refused to comment, but argued the deal to bring in the outdoors retailer was not 'an ordinary commercial contract.'  They also said they have not had the time to go through the thousands of pages the city has submitted, rendering them unsure if the paperwork fulfills the records request.

"We don't think there's any merit to the lawsuit, and want it dismissed. Hopefully the judge agrees with that," said Joffrion.

Circuit Judge Karen Hall has delayed her ruling until Monday, February 2.

The city is also implicated in another lawsuit filed by developer Louis Breland. Breland is suing school board member Mike Culbreath and Parkside Town Centre developer James Packard for allegedly interfering with his plans to have Cabela's anchor a shopping center he is developing in madison.