From Deseret News archives:

Wal-Mart foes suing over Centerville permit ruling

Published: Saturday, March 12, 2005 9:08 p.m. MST
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Opponents of a proposed Wal-Mart Supercenter in Centerville have filed a lawsuit in the 2nd District Court in Farmington.

The South Davis Regional Community Foundation is seeking to overturn a ruling last month by the city Board of Adjustments, which declined to remand portions of a conditional-use permit granted to the retailer.

"We're battling hard," said David Putnam Jr. "Under the Constitution the citizens have certain rights and we feel that they (the city) have gone too far in pushing the Wal-Mart issue. They have a responsibility to follow the good views of the citizens."

Putnam, who is a former resident of Centerville, said the lawsuit also seeks to push the city for release of three documents: A traffic mitigation plan, storm drainage and air pollution mitigation plans.

"We're suing to be sure that they're adequate," said Putnam. "We want to see if they are going to truly come up with a plan that is going to correct the situation."

The South Davis Foundation has filed an open-records request with the city seeking that information. The city will not be served with the lawsuit until after that information is received or denied.

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Centerville City Manager Steve Thacker wasn't surprised by the lawsuit. But opponents are delaying the inevitable, he said.

"We've done everything we believe we reasonably can do in terms of requirements with the conditional use permit," he said. "There are details of that conditional use permit being worked out still, but I think we have made a good faith effort to address the impacts."

Some of the unresolved details will be released at a planning commission meeting Wednesday, March 23. The traffic mitigation study may be released at later date, Thacker said.

Ultimately, any recommendations or final approvals of the Wal-Mart project will be done in public, he said.

"I don't know if there will be a public hearing, but it certainly will be a public document," Thacker said. "It will be discussed in an open meeting."


E-mail: nwarburton@desnews.com

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