OHIO SITE FIGHT: WAL-MART DOWNSIZING IN ETNA

Topics: | | Community Impact | Ohio | Zoning Regulations | | |

Deal gives Wal-Mart chance to build smaller Etna store [Newark Advocate (Ohio)]

ETNA TOWNSHIP—A series of lawsuits involving Wal-Mart’s efforts to build a store in the township have been resolved.

Etna Township resident Gilbert Guttentag, Wal-Mart, the Etna Board of Trustees and the Langel family, which owns property on the east side of Ohio 310 where Wal-Mart contracted to build a store, have signed off on an agreement to dismiss five lawsuits. Some of them pitted Guttentag against the Etna Township Board of Appeals, and two involved Guttentag and the Langels.

As part of the agreement, Wal-Mart agreed to submit an amended zoning permit to build a smaller, 144,000-square-foot store.

“One of the components is Wal-Mart is going to ask for a smaller-sized store on the site,” said attorney Scott Hayes, who represents the Langels.

The retail giant could submit the amended permit to the township’s zoning office sometime this week, Hayes said.

Also see: Etna, OH. One Man’s Legal Challenge Leads To A 30% Cut In Wal-Mart’s Plan [Battlemart Blog]

Wal-Mart initially submitted a proposal to build a 203,819-square-foot store on the west side of Ohio 310, on the Langels’ property, in 2006. It then submitted a different zoning permit calling for a 184,189-square-foot store on the same site.

Soon after, Guttentag filed two lawsuits in Licking County Common Pleas Court attempting to block the retailers’ efforts. He lives in Cumberland Trail, a subdivision on the west side of Ohio 310, and he contended the store would increase traffic and decrease property value.

Guttentag on Monday continued to argue Wal-Mart’s store will increase traffic on Ohio 310.

“It’s just a stupid location,” he said.

However, he expressed some comfort the retail giant agreed to submit plans for a smaller store.

“It appears to be a very toned-down store, if they go ahead (with it),” he said.

Guttentag’s battle to block Wal-Mart took many twists and turns, from Etna Board of Zoning Appeals hearings to the Fifth District Court of Appeals, where earlier this year Appeals Court judges Scott Gwin, William Hoffman and John Wise ruled Guttentag had no standing to challenge the first zoning permit Wal-Mart sought to build a superstore.

Guttentag challenged that permit—and the Etna Township Board of Zoning Appeals’ decision to dismiss his attempt to challenge a second zoning permit—in Licking County Common Pleas Court.

The appeals court ruled Guttentag filed his appeal in time to challenge the second permit, and it sent the appeal back to Judge Thomas Marcelain. The agreed entry of dismissal, however, ended that lawsuit, in addition to the four others.

As part of the agreement, the township zoning inspector must approve the construction of the 144,000-square-foot store. Wal-Mart then will have one year to start construction on the store and two-and-a-half years to complete construction.

Guttentag acknowledged he will not appeal the dismissal of two of the lawsuits that sought to block Wal-Mart.

Guttentag said he still owns Wal-Mart stock and supports the company—just not its efforts to build a store on Ohio 310.

“Wal-Mart is a great American company,” he said.

Posted by Luke West on Tuesday, September 23, 2008