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Once again Wal-Mart has used legal intimidation to overcome regulation.
Sprawl-Busters reported on July 15th that supervisors in North Whitehall township, Pennsylvania would take a big vote on a big problem. The next day, July 16th, the supervisors voted in support of a Wal-Mart supercenter--and Wal-Mart's attorney made a very pointed legal point after their vote. This case dates back to September 25, 2007, when Sprawl-Busters reported that the tiny township of North Whitehall, Pennsylvania--population roughly 2,000--had a big problem tossed in their lap: A Wal-Mart supercenter. North Whitehall already has 7 Wal-Mart stores within 20 miles, including three supercenters, with a supercenter in Whitehall a mere 7 miles away.
In its continuing drive to saturate the area, Wal-Mart proposed a 176,846-s.f. superstore on 32.6 acres in a former orchard at Route 309 and Levans Road. In early October, 2007, the township supervisors, chaired by Ron Stahley, held an afternoon meeting for residents to express their concerns about the massive Wal-Mart project---which would be the largest retail building in the history of this community. Opponents of the project showed up to voice their concerns over the superstore. North Whitehall describes itself as being "Primarily agricultural in nature a desirable place to live and continues to do so by retaining its unique blend of residential and rural character."
Residents opposed to Wal-Mart formed a group called North Whitehall for Sustainable Development to protect that rural character. This volunteer organization dedicated itself to promoting responsible development that conserves natural resources and ecological balance, while providing for the needs of residents in and around North Whitehall. The organization has been working to prevent the construction of this big box store adjacent to the Schnecksville Fire Company. Residents' opposition to the project is based on traffic safety; air, water, noise and light pollution; and loss of open space. The Planning Commission began reviewing the plans in September of 2007---ten months ago. During the review period, Wal-Mart asked for delays, so that it could 'refine' its proposal. The final hearing on the proposal took place in early July, and focused on the key issue during this phase of the review: traffic. The group NWSD hired a transportation planner to testify about the impacts this huge superstore would have on Route 309. The planner, Douglas Plank from the ELA Group of Lititz, Pennsylvania, told the township supervisors that the Wal-Mart would increase traffic congestion and create hazardous conditions on Route 309.