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Suit against Wal-Mart, Tarpon Springs okayed

By Times Staff
Published August 16, 2005


TARPON SPRINGS - An effort to have a lawsuit dismissed against Tarpon Springs city commissioners and Wal-Mart earlier this year has failed. The Pinellas Circuit Court will hear the case filed by the Concerned Citizens of Tarpon Springs against the city and retail giant.

The resident group, which opposes Wal-Mart, sued in February on the grounds that the city violated zoning guidelines when commissioners approved the store after a 12-hour meeting that began on the evening of Jan. 18. A final vote of 3-2 was taken at 6:45 a.m. Jan. 19.

Any attempts to appeal a city commission's decision must be filed with the court within 30 days of that decision, according to state code. The resident group filed its original petition on Feb. 18 - 30 days after Jan. 19.

Attorneys for the city and company said the filing was a day late because the actual meeting began Jan. 18.

The court turned down the motion to dismiss, saying the filing was timely. The city and company are preparing a joint response to the resident group's claims.

Construction on the Wal-Mart has not started.

[Last modified August 16, 2005, 01:29:18]


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