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Orange vows to fight lawsuit against Walmart
Attorney says Orange County will ask court to dismiss lawsuit against Walmart permit
PDF:Read the complaint.
RELATED:Walmart foes file lawsuit (9/24/09) SPECIAL SECTION:Wilderness Battle Rages Once More
Date published: 9/25/2009
BY ROBIN KNEPPER The Orange County Board of Supervisors will ask a judge to dismiss a lawsuit challenging its approval of a Walmart Supercenter in the Wilderness Battlefield area, the county's attorney said yesterday. The lawsuit--filed Wednesday in Orange County Circuit Court by the National Trust for Historic Preservation, Friends of the Wilderness Battlefield and six local residents--claims the supervisors' approval of a special-use permit for the 138,000-square foot store and surrounding retail center was "flawed in numerous respects." County Attorney Sharon Pandak released a statement yesterday afternoon saying the board "will vigorously defend its land-use decision-making." "Plaintiffs want to prevent use of land which they do not own," she wrote. The Supercenter would anchor a 240,000-square-foot retail center on a 51.5-acre parcel northwest of the intersection of State Routes 3 and 20 and a quarter-mile from the entrance to Fredericksburg and Spotsylvania National Military Park. The lawsuit claims supervisors "brushed aside" mounting concerns about the negative impacts the store would have on the park and Civil War battlefield where Gens. Ulysses S. Grant and Robert E. Lee first clashed 145 years ago. It asks the court to invalidate the special-use permit and to prevent the county from approving any similar projects until it adds protection of historic resources into its zoning ordinance. "The Board respects the Plaintiffs' difference of opinion on this policy matter," Pandak wrote. "However, the land subject to the permit issued to Walmart has not been shown to be land on which a battle was fought. Nor have the federal or state governments prohibited development on this private property." Among the suit's claims: The board failed to comply with the county's comprehensive plan, which calls for preservation and protection of historic resources. The county's zoning ordinance is invalid because it fails to comply with state laws that require such ordinances to provide protections for historic sites. There were procedural defects in the Planning Commission's three separate votes on the landowners' permit request. As a result, the commission did not make a valid recommendation, as required by law.
Read more stories about Orange Date published: 9/25/2009
Wildermarts
(posted by
richd123ny
, Oct. 2, 2009 1:39 pm)
Remember November. To those who cheated their constituents namely Burkett, Goodwin, and Johnson, beware the Ides of November! If you feel comfortable with their integrity, reelect them. If not, be kind and at least help them to pack their suitcases.
could someone look into the addresses of the
(posted by
Ron_C
, Sep. 26, 2009 7:50 am)
six locals in the suit. And research the history on the property where their homes sit. If anything of historical significance ever happened there, they should be sued to force them to tear down their houses to restore the property to it's 1800's condition. Naturally they would fight that idea and in doing reveal their hypocracy.
we love ya walmart
(posted by
1958
, Sep. 25, 2009 9:33 pm)
I dont care what they think i want to know when the wallmart will be open it will be so nice to save gas money and get my shopping done.
I hope the land owners turn around and
(posted by
wideopenspace
, Sep. 25, 2009 3:51 pm)
counter sue the plantiffs here for attempting to violate a constitutional right. None of the arguments filed make any sense. They have no basis to stand on and they know it. As soon as this one is dismissed another lawsuit will be trotted out, mark my words. They are trying another tactic since the smear campaign didn't win out, delay the construction as long as possible in hopes that Wal-Mart will get fed up and simply pull out altogether. Walter the other 2 have nothing to say on this issue, it's dead.
I call to build on all battlefields in the area
(posted by
monkeyfactory
, Sep. 25, 2009 3:38 pm)
That's correct. Build over all of them. That is what you people have done to me. What a waste of fields....i guess they are good for remembering what a bad idea it was......
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