Once again, a Wal-Mart green light has led directly to a courtroom, not a ribbon-cutting. The latest legal battle is in North Whitehall, Pennsylvania, where a group called North Whitehall for Sustainable Development (NWSD) has filed a legal challenge to a conditional use approval granted on August 15, 2008 by the township's Board of Supervisors. Wal-Mart submitted a proposed land development including the construction of a supercenter and multiple out parcels to accommodate additional, unspecified commercial uses and in order to construct the land development, the retailer was required to obtain conditional use approval for a Planned Commercial Development (PCD). The group NWSD told Sprawl-Busters, "Throughout the conditional use hearings for the North Whitehall Commercial Center property on which Wal-Mart proposes to build a 176,000 square foot, 24-7 mega-store, NWSD offered expert testimony and facts relating to zoning ordinance (ZO) and Subdivision and Land Development Ordinance (SALDO) providing enough evidence to the North Whitehall Township Board of Supervisors (BoS) to reject the commercial use of the property. However, the BoS ignored and severely limited NWSD's input and approved the property for commercial use. Therefore NWSD is appealing the decision in the Court of Common Pleas of Lehigh County."
North Whitehall, PA. Citizens Sue Officials Over Wal-Mart Approval
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WalMart Watch, September 19, 2008
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