OXFORD, Miss. (WTVA) -- A federal judge has granted the city of Corinth's request to have a non-jury trial in a lawsuit filed by Kmart over flooding.
In an order signed Wednesday, the judge says all parties have agreed the city is entitled to a non-jury trial.
Kmart is suing Kroger, Fulton Improvements, LLC, Kansas City Southern Railway, E & A Southeast Limited Partnership, and the city of Corinth over damages to the Corinth store in 2010 and 2011.
The lawsuit claims the Kroger store is built in the floodway of Elam Creek, and should have been torn down.
In 2005, FEMA issued a Letter of Map Revision saying Kroger was not in the floodway.
Kmart claims Kroger's location, a city dirt landfill, and the railroad's failure to keep a nearby underpass clear lead to flooding that kept its Corinth store closed for several months.
The company also sites the same problems in flooding in April of 2011, and is asking for millions in damages.
In the ruling, the judge says the non-jury trial will take place at the same time as the jury trial against the other defendents.
The trial is set to get underway February 24, 2014 in Aberdeen.