Bass Pro's foray into Arkansas hung up in court

The protracted push to open the first Bass Pro Shops Outdoor World store in neighboring Arkansas has hit another snag.

Last month, a federal judge revoked a permit issued by the U.S. Army Corps of Engineers for the Shoppes at North Hills, an $80 million retail shopping development planned near the junction of interstates 40 and 30 in North Little Rock, Ark.

Jonesboro, Ark.-based Belz-Burrow Development Group announced in April 2003 that a 125,000-square-foot Bass Pro store would anchor the gargantuan open-air lifestyle center. The 850,000-square-foot Shoppes at North Hills would occupy about 70 acres, including roughly 30 acres that fall within the Dark Hollow wetlands basin. The wetlands filter out pollutants and debris washed into the area and serve as a sanctuary and breeding ground for birds, fish and small animals, according to court records.

In April 2005, the project's developers obtained a Section 404 permit from the Corps that contained a number of conditions regarding construction of the shopping center. Corps spokesman P.J. Spaul said the permitting process was based on a developer-funded environmental assessment - the less expensive and time-consuming alternative to an environmental impact statement.

But two Arkansas residents, Guy Choate and Jeffrey Rickman, filed a federal lawsuit in December 2007 challenging the Corps permit on the grounds that it violated the National Environmental Policy Act. In particular, they raised concerns about the development's impact on wetlands and its traffic flow.

U.S. District Judge William R. Wilson Jr. ruled that the Corps' decision to approve the permit without requiring an environmental impact statement was "arbitrary and capricious," and ordered the permit revoked. The judge also prohibited construction on the development until the Corps prepares an environmental impact statement.

Developer Bruce Burrow said his attorney has filed a notice of appeal in the 8th U.S. Circuit Court of Appeals in St. Louis. Spaul said the Corps' legal counsel is still reviewing the judge's decision and has not decided whether to file a separate appeal.

Both Burrow and Spaul noted that Arkansas attorney Richard Mays, who represented Choate and Rickman, had previously filed a similar suit on behalf of different plaintiffs. A judge dismissed that suit, which alleged the same missteps by the Corps, for lack of standing. Burrow also hinted that unnamed Bass Pro competitors may have had a hand in the suit, but Mays denied any such connection.

Mays said his clients simply oppose a "mega-shopping center" at the location.

"There are other places they can put this site without disturbing wetlands that are not far away from this site, but Bass Pro wants this site because it has the highest traffic count ... in Arkansas."

Bass Pro spokesman Larry Whiteley said the Springfield-based outdoor goods retailer remains committed to the project.

Despite five years and more than $2 million in engineering and legal expenses, Burrow said he and his partners aren't giving up on the Shoppes at North Hills.

"In our opinion, there's no better retailer than Bass Pro," Burrow said. "They get the male shopper. He spends a lot of time there. He spends a good amount of money. They're a very successful niche player. They're probably as frustrated as we are, but this happens to be absolutely the best site in the state. So it's worth fighting for."

Burrow said he doesn't foresee the legal dispute going any further than the U.S. Court of Appeals, where he thinks Judge Wilson's decision will be overturned. He anticipated the appellate court's ruling by next summer.

"We think we will eventually prevail, and we will soon know," he said. "I don't think either side could afford to take it to the Supreme Court. ... We get over this hurdle, and we've got a project."

But Mays said he's confident his clients will win out.

"I think the case has a very strong likelihood of being upheld," he said.