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Court rules against homeowners in Papillion Wal-Mart case

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Omaha Steve Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-10-05 11:11 AM
Original message
Court rules against homeowners in Papillion Wal-Mart case
Published Thursday
November 10, 2005

Court rules against homeowners in Papillion Wal-Mart case


WORLD-HERALD STAFF WRITERS

The Nebraska Supreme Court rejects a challenge to a proposed Wal-Mart shopping center in Papillion.

The ruling says the 11 neighbors failed to present enough evidence that the court should overturn the Papillion City Council's decision to approve the shopping center, which would include a Wal-Mart Supercenter, a Lowe's home improvement store and a Kohl's department store.

The Papillion City Council approved the center last year after a series of contentious public hearings. Residents of the nearby Hickory Estates and Hickory Hills neighborhoods raised a host of concerns, including that the project at 72nd Street and Giles Road would increase traffic and lower their property values.

The neighbors living closest to the site sued after the City Council changed its comprehensive plan to accommodate the center on land previously designated for houses and neighborhood businesses.

A district judge found that the council had acted lawfully, but neighbors appealed and the Supreme Court took the case.

Contact the Omaha World-Herald newsroom


The Wal-Mart movie opens next week. It has a section on how Wal-Mart has a history of bribing local officials for zoning changes etc...


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Lisa0825 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-10-05 11:15 AM
Response to Original message
1. My brother and SIL live in a community fighting Walmart right now...
Walmart was supposed to have opened right outside their community entrance last spring. They haven't broken ground yet! I hope they win. There are 2 Super Walmarts within 10 minutes of there!
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tk2kewl Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-10-05 11:16 AM
Response to Original message
2. It sounds like a reasonable ruling.
The elected officials seem to have followed due process and amended their comprehensive plan to allow for the stores. :(

Elections are important.
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pop goes the weasel Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-10-05 12:24 PM
Response to Reply #2
4. I think this shows a weakness in local law
We should be able to rely on the zoning of areas we buy property in. That zoning shouldn't be easily changed at the urging of deep-pocket interests. Perhaps there should have to be a vote in the impacted neighborhoods as to what zoning changes will be allowed. I know for sure I'd be pissed if I was to find out that the houses behind me were going to be demolished and replaced with a parking lot and 24-hour big box. I'd want to be compensated, for sure.
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AndyTiedye Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-10-05 12:28 PM
Response to Reply #2
5. I'm Sure they Have the Best City Council Money Can Buy
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Orsino Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-10-05 01:13 PM
Response to Reply #2
6. Yeah. A "bad" decision, maybe, but probably legally sound.
There are much better reasons to keep Wal-Mart out.
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Omaha Steve Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-10-05 11:18 AM
Response to Original message
3. Here is the story link
In my rush to post, I forgot to include a link. It was a short story so I posted the entire story. Someone complained once the Herald requires a free registration for most stories.

http://www.omaha.com/index.php?u_pg=1636&u_sid=2063411




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Nebraska_Liberal Donating Member (145 posts) Send PM | Profile | Ignore Thu Nov-10-05 02:16 PM
Response to Reply #3
7. Irony
The irony is that most of these people complaining probably still go to walmart because stuff is "so cheap." The only way to keep walmart out of your town is to never go there. This wil never happen, people look to much at the short term benefits and not the long term consequences...
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AlCzervik Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-10-05 02:25 PM
Response to Original message
8. Thats gonna be my neighborhood in about 6 months, we are also
fighting a Wal-mart, all of us, Dems, repubs, independents and non voters, everyone has banded together on it.
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