Where’s Walmart?
Where's Walmart? Not yet on Poppy Ridge, but coming soon to a courtroom near us.
"Friends of Madiera" filed an amended writ of mandate on June 24th, against the City of Elk Grove and Walmart. The writ alleges that the city is guilty of prejudicial abuse of discretion in violating the city's zoning code and failing to conduct a supplementary environmental review, in violation of the California Environmental Quality Act (CEQA). The writ asks that the city set aside its approval of the project, suspend all activities in furtherance of the project and conduct an environmental review and otherwise comply with CEQA and state planning and zoning law in any subsequent action taken to approve the project.
In answer, Walmart has said that the documents in question speak for themselves, or that Walmart lacks sufficient information to admit or deny the allegations, or simply denied the allegations. They allege that a full environmental review was completed prior to their project submital and provided sixteen affirmative defenses, further asking that the writ be denied with prejudice, all relief requested be denied with prejudice, judgment be entered in favor of WalMart, and that Walmart be awarded its costs of suit and other relief as the court may deem just and proper.
The city's answer only contained fifteen affirmative defenses, and asked for the same judgment as Walmart.
The next hearing on the subject is scheduled for 10:00 a.m. October 1st, 2010 in department 33.
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Who are the "Friends of Madiera"?
Assume it is a name being used to guard their privacy. Have no idea who they are.
Just speculating.... but since it was predictable that Walmart (and the city) would ask for their legal costs if they prevail, filing suit in the name of a LLC would limit the risks to those who want them to follow all the rules...I'd guess that would be the logical legal form to use.
Not coming anytime soon to a corner near you.
From a linguistic standpoint it sounds positive (vs. Enemies of Walmart) . It sounds grassroots but I suspect that most " Friends of Madiera " do not reside in zip code 95757 . It provides cover for an unpopular view as the majority of my neighbors look forward to the new, close Walmart.
JMO: Most of the legal papers are just what I call "boilerplate". However, I do think that sometimes we fail to look at the "big picture" here and that can be a mistake. It might be nice to walk across the street to shop, but at what cost to the community?
While in Sacto yesterday attending the theatre & dinner we were talking to an EG commercial developer who said he had put all his undeveloped commercial property on the market thinking it wil be 7 - 10 years before the economy picks up and he could build.