Mo. Supreme Court denies Wal-Mart opponents

The Missouri Supreme Court denied opponents of a center city Wal-Mart Neighborhood Market a chance for an appellant hearing.

Yesterday’s decision marks the third time opponents have been struck down in moves to stop Wal-Mart Stores Inc. (NYSE: WMT) from building a store at Campbell Avenue and Grand Street. This time, the court was unwilling to hear a case brought by former Missouri State University instructor Mike Schilling and petitioners Marla Marantz, Phyllis Netzer and Louella Harlamert against Life 360 Church and the city of Springfield, according to online court records.

After Springfield City Council approved the zoning of roughly 6 residential acres at the intersection to a general retail district in February 2013, the city clerk’s office two months later certified 1,808 signatures submitted from a diverse group of opponents calling for a repeal of council’s rezoning decision. The petition called for council to repeal its zoning change or send the issue to voters – the body’s two options under city charter.

In May 2013, council denied to repeal its decision, sending the matter on to voters. However, Life 360 filed suit against the city that month claiming it had no right to do so since the church would be hurt by the move. The sale of the land to Wal-Mart was contingent upon the property owners securing the retail zoning.

In July 2013, Judge Jerald McBeth, of Nevada, agreed with the church and ruled the referendum petition should not head to a public vote. In that decision, McBeth denied a request by petitioners Lynn Meyers and Charles Booth to intervene in the case. The next month, the Southern District of the Missouri Court of Appeals upheld McBeth’s decision.

After that decision, the current group of opponents represented by Springfield attorney Jason Umbarger began weighing their options, according to Springfield Business Journal archives.

With yesterday’s court decision, Wal-Mart could be in the clear to move on building its sixth Neighborhood Market in Springfield. The company had proposed a 41,000-square-foot store at the center city intersection.[[In-content Ad]]