Judge strikes down portion of Wal-Mart referendum lawsuit

Judge Gerald McBeth, of Nevada, today denied a portion of a lawsuit attempting to derail a referendum petition to block a center city rezoning that would pave the way for a Walmart Neighborhood Market.

The plaintiffs contend the city violated state law by sending the referendum to voters and that the correct number of signatures wasn't collected.

In his decision today, McBeth found the correct number of signatures was gathered. A decision on whether the referendum violates state law has yet to be determined. A second hearing is scheduled Aug. 9, according to a city news release.

The petition was headed to a public vote before McBeth granted attorneys representing Calvary Temple/Life 360 church and private homeowners at Campbell Avenue and Grand Street a temporary restraining order and preliminary injunction.

In February, council voted 5-4 to rezone roughly 6 acres at 444 W. Grand St. and 427–515 W. Normal St. to general retail from a residential district. In response, local groups opposed to Wal-Mart Stores Inc.'s plans to build a fifth Neighborhood Market in Springfield collected signatures for a referendum petition calling on council to overturn the zoning designation or send the issue to voters. In May, council did not reverse the zoning decision and opted to put the matter on the Aug. 6 ballot.

The lawsuit claims the city mishandled the referendum petition, causing harm to the property owners who had reached sales agreements with Wal-Mart that were contingent on the rezoning plans.

Bentonville, Ark.-based Wal-Mart proposed a 41,000-square-foot Neighborhood Market on the site, a move that would give the retailer 12 stores inside city limits.