For more than a month Responsible Growth for Northcross, a neighborhood group opposed to the current Northcross Mall development plans, has been saying one thing over and over again -- no Super Wal-Mart.

"We believe what really needs to happened is the site plan needs to be revoked," Hope Morrison with Responsible Growth for Northcross said.

And the only way Responsible Growth for Northcross sees that happening is to sue the City of Austin.

"Suing the city seems to be something that we are forced into at this point," Morrison said.

They said they've been forced into filling a lawsuit because the owners of Northcross Mall have not been willing to negotiate.

"We feel like Lincoln [Property Company] has gone back on its word and we would like the City Council hold Lincoln to its commitment," Morrison said.

"If you are of the mindset that Wal-Mart just doesn't need to be here then I think you are going to be very disappointed because that's not a commitment that they made," Austin City Council Member Mike Martinez said.

Council Member Martinez said if Responsible Growth wants to sue the City they have every right to, but they should be prepared for the outcome.

"I think the last thing you want is to inject a third party that is outside of this process saying this is how it is going to go. And then you have to live with that. What are you going to do, sue the judge?" Martinez said.

"We were told two months ago that this was a done deal and nothing has been built there yet," Morrison said.

And now it looks like the last remaining way to keep Wal-Mart from being built is take the battle to the courtroom.