CALIFORNIA SITE FIGHT: FINAL RULING EXPECTED

Final ruling expected on Hercules Wal-Mart in September [San Jose (Calif.) Mercury News]

HERCULES, Calif.—Following years of fighting between residents, politicians and Wal-Mart executives, a final ruling is expected in September on whether the discount retailer can build a relatively modest store in Hercules.
Contra Costa Superior Court Judge Judith Craddick affirmed an earlier tentative ruling this month and invalidated a city ordinance that was used to acquire a tract owned by Wal-Mart and block the retailer’s development plans.

The ordinance, which the City Council adopted last September, attempted to extend the city’s eminent domain authority in the so-called Dynamite Project Area for 12 years. The name refers to a dynamite plant that closed several decades ago, leaving a blighted landscape.

Wal-Mart spokesman John Simley said the ruling was “a clear win for the many thousands of customers who know Wal-Mart saves them money so they can live better.” The Bentonville, Ark.-based company plans to resume the process of applying to build a store in Hercules, he said.

City Attorney Mick Cabral said Hercules is considering other eminent domain strategies.

Wal-Mart’s latest scaled-down application is for a 99,000-square-foot store, down from more than 140,000 square feet in two earlier applications. The city says the maximum size for Wal-Mart on that lot—home to the future Bayside Marketplace—is 64,000 square feet.

Residents have complained that Wal-Mart would attract traffic and ruin proposals for a pedestrian-friendly zone near the waterfront. Wal-Mart says it enjoys widespread community support in Hercules.

Posted by Beth Gostanian on Tuesday, June 19, 2007

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