Lawsuits
Examples and Resources
SLAPP Background Letter (2006)
This letter was written as part of a case in Delaware, in which a developer won court approval to search the computers of opponents to a big box store. It provides some background on “Strategic Litigation Against Public Participation (SLAPP) suits. Approval by the courts of such a broad “discovery”…
K-Mart Corporation v. City of Westlake, OH, 1997
This court case upholds the importance of a Comprehensive Plan, and shows than even on commercially zoned land, a city can reject a plan for well-documented reasons. In this case, one of the reasons was an inadequate storm water plan. That was enough to deny the project, along with other reasons.…
Wal-Mart Stores v. The Vermont Environmental Board, 1996
Wal-Mart appealed a decision by the Environmental Board that declined a Wal-Mart application for St. Alban’s, Vermont, arguing that the state should not have considered the store’s potential adverse impacts on town tax revenues, and other factors as part of
Ann Arundel County, MD Rezoning Requests
In Anne Arundel County, Maryland, rezoning requests are handled by an Administrative Hearings Officer, then to the County’s Board of Appeals, and then to the Circuit Court of Anne Arundel county. Citizens who use their right to appeal a zoning decision, can cause Wal-Mart considerable delays, and…
Dukes v. Wal-Mart Store, Inc. (2003)
In August of 2005, the Ninth Circuit U.S. Court of Appeals heard arguments on Wal- Mart’s policy of sexual discrimination against women. The lawsuit, based on statistical disparities in pay and promotion, was certified a year ago to represent 1.6 million present and former female employees, and…
The United States Equal Employment Opportunity Commission filed an action against Wal-Mart to enforce Title I of the Americans with Disabilities Act, and Title I of the Civil Rights Act. The Commission alleged that Wal-Mart discriminated against Steve Sanders by failing to accommodate his disability,…
Bakersfield Citizens for Local Control v. City of Bakersfield and Panama 99 Properties (2004)
Bakersfield Citizens for Local Control (BCLC) challenged the development of two retail shopping centers in the southwestern portion of the City of Bakersfield, alleging violations of the California Environmental Quality Act (CEQA). The shopping centers, when completed, would create a combined total…
Spenger, Grubb & Associates v. City of Hailey, Idaho, 1995
A developer appealed a decision of the Hailey, Idaho City Council to change its zoning of land owned by Spenger, Grubb from “business” to “limited business”. The litigation was over 12.6 acres of land located well outside the city’s downtown district. In 1990, the city amended its Comprehensive…
Wal-Mart Stores V. Planning Board of North Elba, New York, 1998
Wal-Mart sued the town of North Elba, New York for denying them a conditional use permit. Wal-Mart argued that the Planning Board had been arbitrary and capricious because its decision “was not supported by substantial evidence.” The Planning Board, during the case, determined that Wal-Mart would…
Rochester, New Hampshire, 1995
In a court ruling, the Strafford County Superior Court ruled that the intent of the Rochester 1993 Master Plan is to revitalize the downtown area, and to encourage retail development of the downtown over development of new retail shopping centers. “The City’s Master Plan reveals an intent to protect…
