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BB&K Overcomes Challenges to Wal Mart Supercenter on Behalf of City of San Jacinto

Client Successes

In a case involving a challenge to approval of a Wal Mart supercenter, the trial court ruled in the City’s favor

MAY 13, 2005

In a case involving a challenge to approval of a Wal Mart supercenter, the trial court ruled in the City’s favor
San Jacinto

San Jacinto, May 13, 2005— The City of San Jacinto was handed a major victory by a Riverside County trial court on Friday, May 13, 2005.  The case involved a challenge to the City’s approval of a Wal Mart supercenter by the City last July.  After over two hours of hearing arguments from both sides, the court ruled that the challengers failed to properly appeal the City’s Planning Commission decision and that the City correctly approved the Wal Mart project.   The trial court ruled in the City’s favor and rejected every one of the issues that were under contention.

Mayor Chris Carlson-Buydos remarked, “This is wonderful news for the City of San Jacinto and its citizens.  This project will bring much needed commercial retail services to the City as well as valuable employment for residents of San Jacinto.  Another added benefit of the Wal Mart project is that it will increase the desirability of locating other commercial ventures in San Jacinto, including quality sit-down restaurants.” 

The victory was particularly relished by City staff, who spent months preparing environmental studies for the City’s public officials to consider.  Deputy City Attorney Jeff Ballinger of Best Best & Krieger said, “This case is an excellent example of how a team, made up of City staff, BB&K attorneys and the City’s environmental consultants, can work together to bring forward a legally defensible development project that the City wants in its community.”

Although the challengers may still appeal the trial court decision, the City’s environmental attorneys, Michelle Ouellette and Megan Starr also from Best Best & Krieger say that such an appeal would likely fail based on the solid legal and factual conclusions given by the trial court and contained in the City’s documents.

For more information on this case, please call Deputy City Attorney Jeff Ballinger or the City’s environmental attorney, Michelle Ouellette at (951) 686-1450.

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