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Avondale, AZ. Wal-Mart Returns To Try Again

On September 14, 2005, Sprawl-Busters reported that the Planning & Zoning Commission in Avondale, Arizona had unanimously rejected Wal-Mart’s application to build a superstore in town.

“The type of store that Wal-Mart is, is not what we want for the entrance of Avondale,” one Planning and Zoning Commissioner said at the time. The final vote of the City Council never took place, because the applicant, the Kitchell Corporation, withdrew its application for rezoning and site plan approval for the property. The Southwest Valley Republic newspaper noted that the Planning and Zoning Commission in Avondale did not have a hard time saying NO to Wal-Mart, and did so unanimously.

The newspaper actually counted 30 rounds of applause during the 2.5 hour hearing on the superstore, as residents spoke out against the plan. The result, according to the paper, “just do anything but say yes to Wal-Mart.” “The type of store that Wal-Mart is, is not what we want for the entrance of Avondale,” said one Planning and Zoning Commissioner.

But this month, Wal-Mart has returned for a second try at another nearby location. Sprawl-Busters received the following report from residents in Avondale.

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Topics: Economic/Small Business | Site Fights & Local Ordinances

Posted by Al Norman on Wednesday, November 29, 2006 | Permalink

American Canyon, CA. Court Rules Against Nearly-Completed Wal-Mart

Wal-Mart was stunned last Friday by a court ruling in a superstore project in the city of American Canyon, California, where local officials tripped over their own enthusiasm for the giant retail project known as Napa Junction.

Construction on the superstore is well underway, but further work on the store is likely to come to sudden halt. The state Court of Appeals in San Francisco overturned an earlier decision by the Napa Superior Court, which had ruled against two citizen groups in their efforts to block Wal-Mart.

In a 37 page decision, Justice Linda Gemello found that the “city prejudicially violated the California Environmental Quality Act...(and) prejudically violated its zoning ordinance.” The appeals court ordered the Napa Superior Court to consider halting further work on the store until more environmental reviews are finished.

This case is similar to a case last year in Bakersfield, California, where sloppy reviews by the city led to a halt in construction of a Wal-Mart supercenter. Local officials in American Canyon gave Wal-Mart everything thing they wanted, but city officials could not prevent the groups American Canyon United for Responsible Growth and Citizens Against Poor Planning from taking the case to court.

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Topics: Community Impact | Economic/Small Business | Site Fights & Local Ordinances | Lawsuits

Posted by Al Norman on Wednesday, November 29, 2006 | Permalink

Sand Springs, OK. City Unhappy With Dead Wal-Mart property

Sand Springs, Oklahoma has a shiny new Wal-Mart Supercenter on one side of the city, but the trade off was—they now have a deserted, empty Wal-Mart discount store too.

According to a report from KOTV 6, the city has been unable to attract a new tenant to the Wal-Mart “dark store.” So in south Sand Springs, where the empty Wal-Mart sits, city officials say the company has made opening a new business almost impossible.

The KOTV report added, “A parking lot, once filled with Wal-Mart shoppers, sits vacant, just as it has since the retail giant left here several years ago.

The property, which is part of a shopping center, was sold to a local developer, but with certain “non-compete” restrictions. No discount stores, wholesale stores, grocery stores or pharmacies, are allowed to move in.” The city manager in Sand Springs told the news station, “People in south Sand Springs would like to see that particular facility occupied again, and if there are some restrictions on the property at present, it may be time to relax those.”

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Topics: Environment

Posted by Al Norman on Wednesday, November 29, 2006 | Permalink

People Of Hercules Continue Struggle With Wal-Mart

Looks like the struggle between the people of Hercules, CA and Wal-Mart isn’t over. From the Contra Costa Times:

It was deja vu in Hercules Tuesday as the City Council, for a second time this year, unanimously invoked eminent domain to acquire a Central Hercules lot owned by the Wal-Mart Corp.

Just as when the council invoked eminent domain the first time in May, residents applauded the council Tuesday while Wal-Mart’s attorneys predicted the action would not stand up in court.

“Eminent domain is not supposed to be used as a popularity contest,” Edward Burg, an attorney for the world’s largest retailer, told the council.

Burg said courts struck down eminent domain actions in New York, Massachusetts and New Jersey that authorities there undertook in response to public outcries against a parking garage, a low-income housing project and a rehabilitation facility for people with AIDS.

“You are disrespecting the residents of this city by bullying your way into our community,” resident Ed Sharp told Wal-Mart. “You may be the retail Goliath, but that sign”—he pointed to the city seal suspended above the dais—“says ‘Hercules.’ Stand by it,” he urged the council.

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Topics: | Community Impact | Site Fights & Local Ordinances

Posted by Russ Fagaly on Wednesday, November 29, 2006 | Permalink

Sherwood, AR. Wal-Mart Returns From the Dead

There are towns in American known as communities that Wal-Mart killed twice—once when they opened, and a second time when they closed. This week Sprawl-Busters received an SOS from the community of Sherwood, Arkansas.

It seems that Wal-Mart has risen from the dead, and has some residents up in arms that they are back. Here’s their report.

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Topics: Community Impact | Environment

Posted by Al Norman on Monday, November 20, 2006 | Permalink

Al Answers: Site Fights, Practices And Profit SHaring

Al answers your questions about Wal-Mart and site fights around the country:

Robert from Florida asks:

I have become aware that the Wal Mart proposed to built in NeptuneBeach, FL will not be able to be built due to roadway restrictionsand zoning, from what I understand. Since the city hasdone this they have essentially caused a rippling effect that will affect other local businesses. For instance, Aqua East Surf Shop wants to expand and cannot because they fall under the same law, also a new Starbucks building cannot go in nor can a new building that will improve the aesthetics of this small community of Neptune Beach, FL.

What can we do? Is there a way that we can still do these other things and still not allow Wal-Mart? Do you know of any examples where this has happened before?

Robert,

First, a little background on Neptune Beach. On July 10, 2006, the city council in Neptune Beach passed a zoning ordinance that limited the size of retail buildings to 60,000 s.f. This was a good move. Wal-Mart wanted to build a 117,000 s.f. superstore in an existing mall.

In September, the city council rejected Wal-Mart’s plan on the grounds that if failed to meet traffic “level of service” requirements in the city’s comprehensive plan, and for failure to meet “scale mass and bulk” of the 60,000 s.f. requirement. The city council also ruled that the project, even with reasonable modifications, would not meet the requirements of the zoning code.

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Topics: Community Impact | Organizing

Posted by Al Norman on Friday, November 17, 2006 | Permalink

Site Fight of the Week: Geneva, NY

The Wal-Mart store in Geneva, New York did not like its property tax assessment, so it sued the town to get it dramatically cut. But the Finger Lakes Times reports this week that Wal-Mart has decided to back off, and pay its taxes like a big company.

Wal-Mart was suing to get its assessment more than halved, from $4.8 million to less than $2.3 million. Last July, Wal-Mart filed the lawsuit, charging that the store’s assessment was too high, because property in the town is assessed at 65% of full value. The tax is actually paid to Ontario County and the Geneva City School District, because the town of Geneva doesn’t have a property tax. But now Wal-Mart has decided to drop the lawsuit. Why the change of heart?

Wal-Mart’s lawyer says its because “the town has been working well with Wal-Mart on the supercenter...It was a business and policy judgment, in view of the high degree of cooperation. Even though we still object to the store’s assessment, we’d rather go forward with what’s being done on the supercenter.”

In other words, Wal-Mart now has bigger fish to fry. The retailer has proposed expanding its current discount store into a larger supercenter. A local citizen’s group against the superstore, Roll Forward Geneva, questioned the timing of the lawsuit, because it was filed just five weeks after the chain announced its supercenter expansion plans, and at the same time it was beginning the hearing process for its permits.

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Topics: Community Impact | Site Fights & Local Ordinances | Organizing

Posted by Al Norman on Friday, November 17, 2006 | Permalink

Concerned Citizens of Deptford

Ronald from Deptford, New Jersey writes in to tell us about Concerned Citizens of Deptford.

Wal-Mart has been given approval for Deptwood Center and the RCA/Thompson Site at the Mac landfill and now Wal-Mart wants a 3rd built at the Kingley landfill. Each of these sites are within 2-3 miles of each other with 2 other Super-Wal-Marts that are 5 miles away in other towns. Plans for each development is on our website. click on the Sprawl-Mart Triangle map for details.

Wal-Mart has taken Deptford NJ by storm by wanting to build 3 Super Wal-Mart’s. Deptford Twp is a small town of 18.1 sq. miles, 30,000 residents, over 350 businesses packed into a town swelling with housing developments, traffic congestion and retail sprawl. Wal-Mart has threatened council with personal lawsuits unless they back-off and allow Wal-Mart to pursue the takedown of Deptford’s faithfull retailers that have carried Deptford’s tax rateables. Deptford Beware!!!

  • Click here to visit Concerned Citizens of Deptford.

Topics: Community Impact | Organizing

Posted by Russ Fagaly on Friday, November 17, 2006 | Permalink

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