"We are certain, however, that we want to save the city the time and expense of conducting a referendum on a design which will not be built under any circumstances," says Tom Schneider, an executive vice president of development at SPG.

Located on the east side of Interstate 430 between I-430 and Shackleford Road, the property is owned by Indianapolis-based Simon and Little Rock-based Dillard's Inc. Originally proposed some 15 years ago, the plans for the 1.1-million-sf mall resurfaced in the fall of 2000. In April 2001, the city Board of Directors approved the plan with the condition that Simon and Dillard's spend $11 million on upgrades to the surrounding roadways.

In December, the state Supreme Court reversed a lower court's decision to invalidate the mall's zoning permit, but opened the door for the special election by saying the issue was legislative, not administrative. With Simon's announcement, the city is now preparing to repeal the ordinance that allowed the planned commercial development, thereby negating the need for an election. With the repealing of the ordinance, the land is expected to revert to either a light office or residential zoning.