After Court Loss: Should City Settle With X-Mart? (Web Poll)

Augusta, GA—The X-Mart owner Evgueri Souliaguine and his lawyers left Federal Court in Augusta happy, and $130,970 dollars richer, but their smiles are not making many in the Garden City happy.

“I’m just flabbergasted, I mean this is ridiculous it’s not a place for it I don’t believe we need that place around here,” said Nancy Smith, of Augusta.

But, the X-Mart wants to be around here, and will continue the legal battle.

The store was awarded the $130,000 because the Federal Court ruled X-Mart was illegally closed for 99 days in 2002.

The award was based on lost profits using 99 days worth of business from when the store was open in 2003 as the benchmark.

According to court records, in the 332 days X-Mart was open, it did $1.4 million in business.

X-Mart lawyers say the $130,000 judgment for 99 days worth of lost business is just the beginning.

“The actual number we’re looking at is not 99 days, it’s actually closer to 2,700 days…the money is very significant,” said X-Mart lawyer Gary Edinger.

Commissioners have been fighting the store since 2002, but not every city leader back then felt it was the smart play.

“I said to the Commission X-Mart was going to get paid, we have no right to keep them out,” said Marion Williams, who was on the Commission at the beginning of the X-Mart fight.

X-Mart lawyers say most times city’s settle these types of cases, because of the money at stake.

Based on the Federal Court’s ruling paying the X-Mart for 2,700 days of lost profits would cost the city more than $3.5 million.

So, after one lost judgment, do Augusta taxpayers still feel this fight worth it?

“I tend to want to fight, but I hate to say that to the taxpayers also,” said Dixie Stringer.

“We need to settle this case, this is something that has gone on way too long, and we have a facility across the bridge doing the same thing,” said Jimbo Smith, referring to the adult video store in North Augusta.

“I don’t want to lose all that money we need it for other things but it’s a principal,” said Nancy Smith.

Edinger would not say what a settlement would look like, but said he “will have a serious conversation with Mister Wall.“ Jim Wall is the lawyer representing the city in the case.

Wall has been advising Commissioners for years on the X-Mart. Two city leaders say they are not surprised by the size of the judgment, because it was not unexpected, but also feel this should be the end of the case believing the city is on solid legal footing to keep the X-Mart from re-opening.