Published: October 07, 2008 01:40 am            

WALMART: Smart Growth faces November deadline

Smart Growth of Lockport has until mid-November to state the specifics of its appeal to stop construction of a Super Walmart on the site of the vacant Lockport Mall.

The state Court of Appeals heard a request by Walmart late last month to either dismiss Smart Growth’s case for its lack of stating specific grounds of its appeal, or to set a deadline date for the filing, according to Town of Lockport Attorney Daniel E. Seaman.

The court set Nov. 21 as the date by which Smart Growth must file its appeal particulars, Smart Growth attorney Daniel Spitzer said Monday.

When notice of appeal is filed, the plaintiff has up to nine months to state its case, Spitzer has said. Smart Growth filed notice of its intent in early June, meaning it could have had until early March 2009 to put its particular grievances in writing. The court’s ruling on Walmart’s request thus speeds up the timetable.

Preparing the appeal isn’t the arduous part, Spitzer said; it’s compiling the record of municipal proceedings that cleared the way for Walmart to build on the mall site. Smart Growth will make the deadline, he added.

“They want to go forward with the appeal,” Spitzer said.

Smart Growth originally filed suit in state Supreme Court to have town planning and zoning approvals of the Supercenter overturned on the basis some approvals were illegal. Justice Richard Kloch Sr. sided with Walmart and the town.

Once Smart Growth files appeal particulars, Walmart and the town will be given time to file their responses, Seaman said. Then the case will be argued in court.

Walmart spokesman Philip Serghini did not return a call Monday about the pending appeal.

        

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