X-Mart Goes For More Dough From City

Augusta, GA—It’s been closed for years, but the X-Mart on the Gordon Highway, in Augusta, is entitled to make some money off the city, but the store isn’t ready to collect its check, at least not yet.

“No, because the case is under appeal,” said X-Mart Attorney Bill Sussman.

Last month, the Federal Court in Augusta ruled in X-Mart’s favor, awarding the owner $131,000 in damages. That worked out to be about $1,300 a day in lost profits.

The ruling was based on a 99-day period the Federal Court said the city illegally closed the store under an unconstitutional city ordinance. Now, there’s an appeal, but it’s not by the city, but by the store attorneys who want to collect damages for every day the city has kept the X-Mart from opening, since 2002. And, based on last month’s ruling, this could really add up for taxpayers.

“If you are going to use the District Court’s ruling of lost profits of 99 days, again, it’s approximately $1,300 a day. It would be a mathematical computation,” said Sussman.

In August, store attorney Gary Edinger said it would add up to $3.5 million in damages. It’s been a seven year fight against the X-Mart, and it is a fight many taxpayers feel the city should not continue to wage.

“I think they should settle at this point I really do before we lose more money yes,” said Joan Lee.

“Sure why not we already have places with bad reputations in town and every town if you don’t want to do businesses with the establishment, don’t,” said Roland Cliffe.

The appeal will be heard by the 11th Circuit Court of Appeals, in Atlanta.

Let us know in our web poll below if you think Augusta taxpayers should pay to continue the fight with X-Mart: