Wal-Mart ready to argue it belongs in AmCan

By KERANA TODOROV, Register Staff Writer

Four months after a court blocked construction of a Wal-Mart Supercenter in American Canyon, lawyers for the retail giant say they have done the necessary studies to comply with the law.

A public review of the studies, however, is being postponed.

Work on the Wal-Mart project screeched to a halt in November after the First District Court of Appeal in San Francisco ruled the city of American Canyon had violated California's environmental laws when it approved the store off Highway 29 two years ago. In its decision, the court overruled Napa County Superior Court Judge Raymond Guadagni's 2005 decision in favor of Wal-Mart.

Brett Jolley, an attorney for American Canyon United for Responsible Growth, one of the two groups who sued Wal-Mart, this week said his clients "would like to see a full (EIR)" on the project, referring to an in-depth environmental document.

Wal-Mart' lawyers, however, said the city has re-analyzed the project approval in accordance with the Court of Appeal's decision and has prepared studies on the traffic and urban decay impacts of the store within and outside the city limits, according to court documents.

The American Canyon Planning Commission was expected to reconsider Wal-Mart's application at a public meeting scheduled for 6 p.m. Monday. Documents related to the project could be examined at city offices, according to the public notice for the public meeting published March 10.

That meeting is delayed until March 29, City Attorney Bill Ross said.

Sandra Cleisz, American Canyon's interim planning director, said the documents -- including the new traffic study and an urban decay study -- were "undergoing final review."

In a letter to Ross, Jolley requested the hearing be postponed in part because the court has not yet ruled on the proceedings.

Jolley also opposes construction to continue, according to court briefs.

Napa County Superior Court Visiting Judge J. Michael Byrne in February agreed that work on Napa Junction Road and other safety-related improvements near the store could proceed. He later agreed that PG&E could be provide power for the building's fire sprinkler system.

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