Posted by: Patricia Salkin | March 27, 2009

Wal-Mart Supercenter Site Plan Approval Upheld

After concluding that the petitioner, Residents Against Wal-Mart, had standing to sue because they met their burden of demonstrating that at least one of its members had standing and that it is representative of the organizational purposes it asserts, the Court found that the owners of the property on which the project would be located should have been joined as necessary parties.  However, the appellate court concluded that the trial court should not have dismissed the petition without first summoning those property owners.

 

The appeals court upheld the Planning Board’s site plan approval, finding that it was neither arbitrary nor capricious.  Additionally, the court rejected the petitioner’s contention that the project was inconsistent with the comprehensive plan.  The Court also found that the planning board complied with the statutory referral requirements to the county planning department and all required environmental reviews. 

 

Residents Against Wal-Mart v. Planning Board of Town of Greece, 2009 WL 724377 (N.Y.A.D. 4 Dept. 3/20/2009).

 

The opinion can be accessed at: http://www.courts.state.ny.us/ad4/Court/Decisions/2009/03-20-09/PDF/0248.pdf

 

For a recent article on regulating formula based retail see: http://papers.ssrn.com/abstract=1358706


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