ST. JOHN | Aldi could be coming to St. John after all.

A judge ordered the town to grant the discount grocery store a special exception, Town Attorney David Austgen said.

A town ordinance requires that grocery stores and other businesses that generate high traffic volumes apply for a special exception before acquiring building permits.

The Town Council in August denied Aldi a special exception, and the company sued.

The court said the town did not have sufficient evidence to deny the special exception, Town Manager Steve Kil said.

"The judge in this case felt the Aldi Corp. presented a better argument for this special exception than the town did against the special exception," he said.

The anticipated traffic impact was a main reason for the town's denial.

St. John has 30 days to appeal the ruling, but Austgen said he has not been directed to do so.

"We don't believe we're going to get a favorable ruling from a higher court," Kil said.

The Town Council on Thursday will hear a report of the ruling and will be advised to follow the court ruling, approving the special exception, Austgen said.

Kil said it is up to Aldi to decide if they want to pursue opening a store in town.

Austgen said that if the company still is interested in locating in St. John, the next logical step would be to apply for a building permit.

Last May, Aldi requested to open a store at 9921 Earl Drive.

A representative from Aldi said the store has no comment on the ruling or whether the company still plans to pursue opening a St. John location.

An Aldi store is located in Schererville, about five miles north of the possible St. John site.