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Wal-Mart wins one lawsuit; one suit left

A group loses a battle in its bid to stop the retail giant from building a supercenter in Tarpon Springs. But the ruling is subject to appeal.

By ROBIN STEIN
Published March 30, 2006

Wal-Mart moved one step closer to erecting a supercenter in Tarpon Springs when a three-judge panel denied an appeal Tuesday from opponents seeking to overturn the city's approval.

In the eagerly awaited decision, the court affirmed the validity of a Tarpon Springs City Commission vote on Wal-Mart's application. After a record-setting all-night hearing in January 2005, commissioners voted 3-2 in favor of the retailer's bid to build a supercenter on U.S. 19 along the Anclote River.

Despite the green light from the city, Wal-Mart has not broken ground on the site because a group, Concerned Citizens of Tarpon Springs, filed two lawsuits against the city and retailer.

Tuesday's ruling is subject to appeal, and the second case is pending. But city officials regarded the news as a significant victory.

"I assume it would be way too costly to appeal, and I think the (second case) is dead in the water," said Mayor Beverley Billiris. "I'm glad it's over."

Concerned Citizens argued that the commission did not follow the law when it approved Wal-Mart's plan and asked the court to reverse that decision or order a new vote.

The group contended that the commission failed to disclose details of private conversations with Wal-Mart representatives, relied on an incomplete traffic study and misinterpreted city zoning rules.

The court said several of the allegations could not be considered after the City Commission vote and denied others for lack of evidence.

"I felt that it was never a good location for a Wal-Mart, but we made our decision based on law, based on the facts that we knew at the time," Billiris said.

Wal-Mart's attorney, David A. Theriaque said, "It's like, congratulations, we won one of the two."

In the other lawsuit, Concerned Citizens is arguing that the store's size and traffic plan conflict with the city's comprehensive plan. That case is pending in Pinellas-Pasco Circuit Court. On Wednesday, an attorney for Concerned Citizens said he had not talked with his client and couldn't say what the group might do next.

[Last modified March 30, 2006, 06:36:09]