Judge paves the way for new Walmart store

Judge Gerald McBeth, of Nevada, yesterday ruled that a referendum petition seeking to block the rezoning of center city property would not head to a public vote, effectively paving the way for a fifth Walmart Neighborhood Market in Springfield.

An ordinance approved by City Council giving the green light to the rezoning had been suspended by the referendum petition, but with yesterday's ruling, it has been lifted and allows the council decision to stand, according to a city news release.

In his judgment, McBeth indicated the city of Springfield's referendum process for use in zoning issues conflicts with state law, specifically chapter 89 of Missouri's Revised Statutes. The ruling follows a July 19 decision that referendum petition officials had properly collected the correct number of signatures.

The petition sought to overturn a February council decision to rezone roughly 6 acres at 444 W. Grand St. and 427–515 W. Normal St. to general retail from a residential district. After groups opposed to the Neighborhood Market store near downtown entered the petition, council in May did not reverse the zoning decision and opted to put the matter on the Aug. 6 ballot.

A lawsuit filed in response by Life 360 Church/Calvary Temple and Robert and Jennifer Buchanan put the vote on hold. The church and property owners have deals to sell their properties at Grand Street and Campbell Avenue to Wal-Mart Stores Inc. that were contingent on the rezoning.

Neither city spokeswoman Cora Scott nor Wal-Mart spokesman Daniel Morales could be reached for comment this morning on the next steps following the judge's decision.