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AmCan Wal-Mart heads back to Napa court
Friday, February 23, 2007
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The battle over the Wal-Mart Supercenter in American Canyon returned to a Napa courtroom Thursday.

Representatives of the big box store and the city sought approval to do more work near and around the hulk of a building near Highway 29 — where construction has stopped since an appellate court ruled last year the city violated environmental laws in approving the store.
The attorney for a group opposing the store argued that work on the store should remain at a standstill.

Napa County Superior Court Visiting Judge J. Michael Byrne agreed Thursday that work on Napa Junction Road near the store could proceed. The road improvements will be limited to 700 feet of Napa Junction Road east of Highway 29 and another 220 feet of Napa Junction Road west of Highway 29, according to the court order.
Byrne postponed a decision until Monday on whether PG&E can power the building, saying he needed more time to study the request.

Construction on the Supercenter stopped in November after San Francisco’s First District Court of Appeal ruled that the city of American Canyon had violated California’s environmental laws when it approved the store at Napa Junction. The court overruled Napa County Superior Court Judge Raymond Guadagni’s 2005 decision in favor of Wal-Mart.
On Thursday, Wal-Mart lawyer Arthur Friedman of San Francisco and American Canyon City Attorney Bill Ross argued that electrical power is needed to enable the fire sprinkler system, thus improving public safety.

“It’s a fire hazard,” Ross told the judge.

In court papers, Friedman argued power was also necessary to activate the store’s burglar alarm system.

But Brett Jolley of Stockton, who represents American Canyon Community United For Responsible Growth, one of the two parties who sued Wal-Mart, the city and Napa Junction developer Lake Street Ventures of Menlo Park, argued against allowing electricity to power the building, saying the move was designed to complete the project despite a court order to the contrary.

Byrne said the fire issue concerned him.

“I don’t want a fire down there,” he said, adding he also did not want to see a firefighter injured. “I don’t want to be responsible for that.”

Thursday’s hearing was the first since the court of appeal stopped the project. To resolve the case, the city may be required to generate another environmental impact report on the Wal-Mart project.

The American Canyon City Council in December hired Michael Brandman and Associates for $117,700 to do new traffic and economic impact studies of the Wal-Mart Supercenter project in an effort to obtain the green light to open the anchor store at Napa Junction.

“Depending on the current facts,” Ross said, the case could be decided in a “couple of months.”
8 comment(s)

GET ON WITH IT wrote on Feb 23, 2007 8:45 AM:

" Let them finish the walmart. Come on. What are they gonnan do tear the bulding down? Its already built. This town is crazy!! "

none wrote on Feb 23, 2007 1:17 PM:

" Maybe people should understand that walmart does not care about people, they would rather spend money on security to watch for protesters than use that same security to keep people safe...pay attention people "

What part do you not understand? wrote on Feb 23, 2007 1:48 PM:

" This Walmart attack has got to stop. Cindy Coffey Council Women should stop and run for council under whatever it is she stands for. This is her baby from start to finish and the unions bought into it. Aren't they back tracking now. She is one of five and in running for a second term for office, when according to public reports she can't make it to the committees she had signed up for. The 2nd term she's running for will give her life time medical. So here it is people, till the policies change, you can help sui the city and prosper so when the oath says to protect us from domestic threats, they don't see that a lawsuit is part of it? At least Stacey Su is not on any commission, thank heavens, of course she is named in the lawsuit. This is a firesafety Issue people, Cindy would never allow her home to be without her sprinkler system, or would she? Well she doesn't have to worry, she doesn't own it. So now what? We need to keep our Firefighters safe, don't we, then why is the fire department union backing this women, what has she done for them? Ask them. Open this Walmart! We are embarrassed by Ms. Coffeys take as a council woman and in 2008, or even sooner, we don't have to take this anymore. Keep our Firemen safe and keep our city protected, what part of that Ms. Coffey do you not understand? "

Buzzy wrote on Feb 23, 2007 4:16 PM:

" The unions are behind this closure of Walmart. They have unlimited money to attack anyone and anything they want. Our democracy is lost to goon squads. "

Again wrote on Feb 23, 2007 6:31 PM:

" Again with uneducated people spewing out words they know nothing about. The City and the developers did this. They did not follow through with the EIR's required for this size of project. Cindy Coffey has been a wonderful council person. She asks questions and questions decisions when need be. You can't blame her for anything. Any decisions made by City Council are made by the 3 amigos and bennett. So, for those of you who insist that Cindy is going to run our City to ruins - you are wrong. LOOK at the 4 people who are spending your money. It's NOT Cindy and it's NOT the Unions. GET A CLUE! "

Bad reporting wrote on Feb 23, 2007 8:49 PM:

" American Canyon Community United For Responsible Growth- A responsible reporter would track down and interview the majority of these members. The problem is they do not exist. This group has never been identifed, it is faceless and nameless. The truth is that if you read the law suit there is a single person bringing the city to it's knees. If Mr. Todorov would really report he would have reported that only one single individual is named in the suit. I am prohibited from naming that person here. A listing of the members of American Canyon Community United For Responsible Growth found on the internet includes the name of the ex-city manager- I doubt that he is a member of this group. Brett Jolley is suing dozens of cities (google him), making tons of money. If this is a mistake in procedure (EIR), then why have over 30 cities been or are being sued? Are they all obstinant to the law? No, the truth is that there is no law requiring these extra studies. It is legislation from the bench at it's best. The courts have imposed these new standards, not the legislature. Mr. Todorov, read the law suit, identify the single female that is suing and stopping this porject. Think of this- is it logical that in over 30 cities in Northern California grass roots individuals have mounted huge law suites and paid for them? Is it logical that Brett Jolley the attorney in EVERY suit is doing this for free? Follow the money- it will lead to the unions, Save Mart and Nuggett Foods. Do a little reporting instead of repeating the same old jargon and union blitz. "

walmart's not safe now? wrote on Feb 23, 2007 11:35 PM:

" How is it a fire hazard? What is the big deal, it's just a Walmart for cripes sake. "

Take Responsibility for Your Actions wrote on Feb 24, 2007 8:07 AM:

" Facts are the city broke the their own laws. Why is it Vallejo who is considering a super walmart doing an EIR? This even bigger Walmart will be less than 3 miles from the one in American Canyon. This was after Walmart stated in court and to the council they had no intentions of opening one in Vallejo or even closing the original store. So my take on Walmart is, their are not enough people in American Canyon to support a super walmart and with the opening of the new bigger better Walmart in Vallejo it will again be an empty store. "

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