The Duluth Wal-mart lawsuit is back in play.

Gwinnett Superior Court Judge Warren Davis has scheduled a trial date of Sept. 15 for the case of Jack Bandy vs. the city of Duluth.

If you've been following the case of the proposed Wal-mart Supercenter on Peachtree Industrial Boulevard, you may remember that Bandy is the landowner of the 27-acre site the retail giant wants to buy.

Wal-mart's been silent on its plans since January, when it won most of its requests to vary from city codes in building its 176,000-square-foot store. But the city denied the retailer's contention that the store, which sits on a corner lot, only has one façade.

That matters because the city requires better, and more expensive, building materials on front surfaces than on parts of buildings hidden from public view.

Wal-mart didn't file any appeals, said city attorney Lee Thompson, and he's been unable to get a response since then about what it plans to do next.

"The city has been waiting," Thompson said, "to see if they're going forward with the project or not."

Wal-mart's spokesman could not be reached for comment.

The lawsuit, the first of two Bandy filed against the city last fall, concerns the legality of a six-month moratorium on large-scale buildings that Duluth put in place last summer. When the city council approved its sprawling large-scale building ordinance in December, it lifted the moratorium in five months.

Doesn't that make the lawsuit moot?

Not exactly, said Vicki Glore, a paralegal with the Barnes Law Group, which represents Bandy.

"This is the lawsuit to enforce the open meeting act," she said.

Bandy charges the city acted improperly when it approved the moratorium, since the item hadn't previously been listed on its agenda.