From Deseret News archives:
Wal-Mart foes lose again in Centerville
With a unanimous vote, the Centerville Board of Adjustments denied the grass-roots efforts of a community group to stall construction of the big-box store.
Not enough evidence was given to remand portions of a conditional-use permit granted to the retailer, the board said.
Also, the legal standing of the opponents' appeal was in question.
Wal-Mart foes need to try another route of appeal.
"There are a lot of emotions here," said board member Scott Isaacson. "But I find that the appeal and I'm sure it's well-intentioned doesn't fit into our system of law."
Some who have fought the Wal-Mart development over the past year viewed the ruling as a figurative "thumbing of the nose."
"Just ruin our city, ruin our city," whispered resident Grace Webb after hearing the announcement. "I can't understand. They're not listening."
Opposition leader David Putnam Jr. shrugged off the board's decision. It was expected, he said.
But the group will continue fighting.
Eric Lee, attorney for the Davis Regional Community Foundation, called the decision "disappointing."
"We're at a stage where our ability to influence what happens was limited," he said. "It's the last chance to influence the approval that Wal-Mart has to build. Our only option is to go to court."
In presenting opponents' appeal to the board, Lee asked that five provisions of Wal-Mart's conditional-use permit be reviewed most notably a condition requiring the retailer to limit the number of trucks accessing the store each week.
A condition requiring Wal-Mart to "address" potential traffic problems was also called for review but denied by the board.
Last December, the Planning Commission approved those conditions, along with 28 others, in an effort to manage the impacts of the 200,000-square-foot Supercenter, planned for 400 West and Parrish Lane.
While members of the Board of Adjustments said they still have concerns over construction of the big-box store, those issues will need to need to be discussed when Wal-Mart submits final site plans to the city.
Once approved, construction can begin.
In the meantime, opponents plan to submit forms to the state to adjust their status as a legal foundation.
Before Wednesday's meeting, attorneys for Wal-Mart sent the city a statement saying opponents failed to renew an application that granted them authority to work as a foundation.
A decision will also be made as to whether the group will appeal the board's decision in court.
"We're going to keep fighting," Putnam said.
E-mail: nwarburton@desnews.com
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