Friday, March 20, 2009
Virginia Supreme Court, Blacksburg successful in thwarting construction of local Wal-mart
In March of 2007, Fairmount Properties, a Cleveland, Ohio based residential development firm released project information to Blacksburg about a potential $40 million dollar, 175,000 square foot (40 acre) "First and Main" project that would include a plethora of new clothing, food, and other name brand retail stores (including Wal-Mart) on South Main Street. Concerned Blacksburg citizens and city council members were immediately up in arms about the development and in April, shortly after the initial announcement, they proposed Ordiance 1450, which would require any retail store of 80,000 square feet or more to obtain a special use permit. In addition to this, petitions in suppport of the ordiance were spread all over town. Disputes brought on by "big box" retailers such as Wal-Mart included the washing out of independent local business competition, the preservaton of local culture, community appeal, and poor location were all of large concern.
On May 6th, 2007, after weeks of debate and controversy with the Blacksburg Town Council Members and Blacksburg Planning Commission (who review issues on community growth, development, zoning, and land development policies), the Blacksburg United for Responsible Growth (BURG) organization was formed to mobilize public support for Ordinance 1450. Four days after this, Fairmount filed a lawsuit against the city of Blacksburg, in particular its zoning administration, in response to the overwhelming support of the ordinance, claiming that it had the "vested rights" to build such a retail structure, as well as protection from what they called "retroactive government interference". Shortly after this in late May, Blacksburg Planning Commission passed Ordinance 1450 after a lengthy public hearing and a unanimous (7-0) Town Council vote of approval. A Blacksburg councilman commenting on the issue said the Ordinance would help,"protect the town from the gross excesses of overexuberant growth." On May 31st Blacksburg responded to the suited filed against the city claiming to the courts that they required more time to "exhaust the administrative remedies available" in order to review the site plan, in addition to noting that the rezoning did not allow the developers to hold "vested rights" to the property. Within these reviews the council would "determine if the retailer could meet regulations on light and noise pollution, pedestrian accessibility, traffic density and a myriad of other standards."
After multiple court appeals over zoning regulations and months of legal disputes between parties, the issue was taken to the Virgina Supreme Court on January 15th, 2009. On February 27, the Supreme Court released thier decision to uphold Ordinance 1450, and in effect impede Fairmount Properties from constructing a Wal-Mart that may have had detrimental impacts relating to economic sprawl, transportation, local environmental pollution, and a variety of other social issues.
As for my feelings on the issue, I believe it was in Blacksburg's best interest to hold the feelings of it's residents in the highest regard. Wal-Mart is known to be quite a dubious company and uses many techniques as America's largest Fortune 500 company to undermine both its workers, and suppliers for mere economic gain. Blacksburg is not the kind of town that needs a Wal-Mart, besides, there's one not five minutes down the road in Christiansburg, so the real question here is: What are the real aims of companies like Fairmount and Wal-Mart - true local economic growth and stability or the opportunity to exploit huge profits from a thriving university town? I believe the latter holds true.
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