Published: April 16, 2008 02:19 am            

COURTS: Judge rejects lawsuit filed by Wal-Mart Supercenter opponents

State Supreme Court Judge Richard C. Kloch Sr. on Monday rejected a lawsuit filed by opponents of a planned Wal-Mart Supercenter in the Town of Lockport.

The lawsuit, argued last month, challenged the validity of the town’s allowances for the 185,000-square-foot supercenter project, planned for the current Lockport Mall site.

Lockport Smart Growth and five individual homeowners sued the town’s zoning and planning board over their grant of a series of extreme difficulty waivers and zoning variances for the project.

Town Attorney Daniel Seaman said Kloch’s decision was what he expected.

“We thought that the town’s case was strong, and apparently the judge agreed,” he said.

The lawsuit alleged the zoning board “rewrote the zoning code” and exceeded its authority by allowing the variances and waivers. The plaintiffs sought to nullify the decisions made by the boards, asking Kloch for a permanent injunction.

Smart Growth was joined in the suit by individual plaintiffs Dorothy Stockton and Joseph P. Stuart Jr., both of Dorchester Road, Thomas Walker of Locust Street Extension, James Emmert of Badger Drive and Joanne Woodside of Corwin Road. All are homeowners near the mall.

Daniel Spitzer, attorney for Smarth Growth, said while he respects Kloch’s decision, he does not believe the waivers should have been granted.

“We appreciate the judge’s review and his comments, but we still believe the underlying statute is illegal,” Spitzer said. “Wal-Mart said that their reason for the larger store was to sell more goods, and we respectfully don’t believe that justifies or constitutes extreme difficulty. Otherwise, wouldn’t any store owner have extreme difficulty?”

The plaintiffs have 30 days to appeal the decision. Spitzer said he did not know if an appeal would be filed.

“I haven’t had a chance to talk to my clients,” he said. “Until I speak to my clients, it would be premature to say so.”

To move forward, Wal-Mart must now purchase the mall property, except for the Bon-Ton store, from General Growth Properties and demolish it to begin construction.

Contact reporter April Amadon at 439-9222, ext. 6251.

        

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