WALMART: Smart Growth faces November deadline

Local News

October 7, 2008

Staff Reports The Lockport Union-Sun %26 Journal Tue Oct 07, 2008, 01:40 AM EDT

Smart Growth of Lockport has until mid-November to state the specifics of its appeal to stop construction of a Super Walmart on the site of the vacant Lockport Mall.

The state Court of Appeals heard a request by Walmart late last month to either dismiss Smart Growth’s case for its lack of stating specific grounds of its appeal, or to set a deadline date for the filing, according to Town of Lockport Attorney Daniel E. Seaman.

The court set Nov. 21 as the date by which Smart Growth must file its appeal particulars, Smart Growth attorney Daniel Spitzer said Monday.

When notice of appeal is filed, the plaintiff has up to nine months to state its case, Spitzer has said. Smart Growth filed notice of its intent in early June, meaning it could have had until early March 2009 to put its particular grievances in writing. The court’s ruling on Walmart’s request thus speeds up the timetable.

Preparing the appeal isn’t the arduous part, Spitzer said; it’s compiling the record of municipal proceedings that cleared the way for Walmart to build on the mall site. Smart Growth will make the deadline, he added.

“They want to go forward with the appeal,” Spitzer said.

Smart Growth originally filed suit in state Supreme Court to have town planning and zoning approvals of the Supercenter overturned on the basis some approvals were illegal. Justice Richard Kloch Sr. sided with Walmart and the town.

Once Smart Growth files appeal particulars, Walmart and the town will be given time to file their responses, Seaman said. Then the case will be argued in court.

Walmart spokesman Philip Serghini did not return a call Monday about the pending appeal.

Text Only

Local News

Paying Respect
May 28, 2012 4 Photos
Sense of resignation escorts AES tax pact
May 24, 2012
Town considering WNYLC's request
May 23, 2012
Palace, Hartland get Greenway funding
The Historic Palace Theatre and the Town of Hartland both were cleared Tuesday to receive Niagara River Greenway funding for improvement projects.

The eight-member Host Communities Standing Committee voted unanimously to approve funding requests of $151,000 for the Palace and $244,000 for Hartland, which is planning a multi-phase town park enhancement project.

May 22, 2012
Erie Canal photo contest underway
The seventh annual Erie Canalway photo contest is under way.

Entries are being accepted now through Sept. 7. Winning photos will be published in the 2013 Erie Canalway calendar.

May 22, 2012
Jobless totals drop slightly
Unemployment in the Lockport area decreased slightly last month, but it wasn't because more people are going back to work.

The New York State Department of Labor reported Tuesday about 1,000 city residents were without a job in April, the fifth straight month with over 1,000 unemployed. That was down from the 1,100 it reported in March, however, the number of employed stayed the same at about 9,700 people.

May 22, 2012 4 Stories
Fishing for 'Ultimate' perks
Olcott teaming up with Ontario town in running for Canadian equivalent.

May 22, 2012 2 Photos
Sprinkler work coming
Piping in high school fire sprinkler system will be addressed in July.

May 22, 2012
Willow Street victim identified
The victim of a self-inflicted gunshot wound on Willow Street on Saturday was identified by Lockport Police as Richard Boye, 46.

May 22, 2012
Cutting the travel time
For the most part, there is a lot of planning that goes into traveling. Some like to handle the details on their own, making arrangements on the phone or using travel websites to book hotels, planes, vehicles and so on.

But lately, working with a travel agent is becoming more popular.

May 21, 2012 1 Photo
More Local News Headlines

Local News

Search Results

WALMART: Smart Growth faces November deadline

Site Map

Contact Us