Appellate court approves of Atasacadero Walmart

July 10, 2014

walmartThe California Second District Court of Appeals has upheld a ruling that the city of Atascadero complied with environmental laws in its approval of the construction of a Walmart superstore.

In June 2012, the Atascadero City Council approved the construction of a Walmart superstore as well as an adjacent shopping center near the intersection of El Camino Real and Del Rio Road. A group opposed to the Walmart called Save Atascadero filed a lawsuit later that summer arguing that the city did not issue a sufficient environmental impact report on the project.

In June 2103, San Luis Obispo Superior Court Judge Jac Crawford ruled that Atascadero lawfully approved the Walmart superstore.

Save Atascadero promptly appealed, and the appellate court heard arguments from both sides on May 30. The appellate court then ruled Tuesday in favor of the city, according to a press release issued by Atascadero City Attorney Brian Pierik.

Save Atascadero has until August 18 to file a petition for the California Supreme Court to review the case. However, the Supreme Court only opts to review to a small percentage of cases.


14 Comments

  1. Rambunctious says:

    All right! more Chinese underwear…lol

    Like or Dislike: Thumb up 2 Thumb down 2

    • SLOBIRD says:

      Everything comes from China no matter where it is sold, Kmart, Target, Walmart. I just read that Mexico’s auto manufacturers just beat out Brazil in the America’s. Benz, Audi, BMW, Chrystal, etc all have plants down there and these are a major success. Pretty soon we will be asking them for assistance and hopefully they will change their laws for US citizens to work over there, as right now it is major prison them to cross the border and find work. Nice!

      Like or Dislike: Thumb up 2 Thumb down 0

  2. kayaknut says:

    Given all the new fees and taxes the city of Atascadero is tying to stick to it’s tax paying residents and if passed the residents are going to need to shop at Walmart.

    Like or Dislike: Thumb up 13 Thumb down 0

  3. Pelican1 says:

    In the words of the great Yogi Berra, ‘It’s Deja Vu All Over Again’” It’s the presidential race of 2000!
    At this point Atascadero…you deserve what you get.

    Like or Dislike: Thumb up 3 Thumb down 14

  4. Gsan says:

    Why Walmart fits Atascadero:

    Like or Dislike: Thumb up 11 Thumb down 15

    • pasoparent5 says:

      “According to a new census report, nearly 1 out of every 2 Americans has fallen below the poverty line, which is the invisible line that separates Target from Walmart.”

      –Seth Myers, SNL Weekend Update :)

      Like or Dislike: Thumb up 13 Thumb down 2

  5. Niles Q says:

    As I understand it, anyone has a right to their day in court, and the right to appeal without having to reimburse the government.

    But if you lose twice, and appeal to the Supreme Court, and lose again, the government can go after you for reimbursement of attorney costs.

    So I wouldn’t expect the Save Atascadero folks to appeal this any further, unless they are willing to risk getting sued for the City and Walmart’s attorney fees.

    It was a good fight. They forced further scrutiny of the project’s EIR. Now they can kick back and let the lousy economy and Walmart’s corporate bigwigs decide whether Atascadero is still a good investment.

    Chances are they’ll never build this project.

    Like or Dislike: Thumb up 13 Thumb down 5

  6. SLO_Johnny says:

    All of these silly rules and regulations just make everything in California cost more and drives investment and jobs out of the state. The Environmental Impact Reports get shoved into a file. They sit there just in case some lawyer needs ammunition for a lawsuit.

    Like or Dislike: Thumb up 24 Thumb down 7

  7. Gsan says:

    As the years have passed … Walmart has found they need a new strategy. The former Atascadero store conception no longer fits their new direction. A “right-size” store at the same location? Wait! A smaller store won’t pay as much towards the Del Rio interchange project. Not to worry though, those taxpayers have deep pockets.

    http://www.cbsnews.com/news/walmart-discovers-the-virtue-of-small/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+cbsnews%2Ffeed+(CBSNews.com)

    Like or Dislike: Thumb up 10 Thumb down 4

    • SLOBIRD says:

      We pay for it anyway. There is the sales tax increase, the gas tax, the discussion on the NEW mileage tax in Sacramento, etc. Just open your wallet on distribute your wealth, after all, you didn’t earn it, it’s not yours, you have to share it!

      In August, assuming this horrible group of SAVE ATASCADERO that has now cost us thousands of $$$$$$$$$$ does not appeal can we assume that our City Council will not be asking for the sales tax increase.

      I heard Mayor O’Malley falling all over himself Tuesday congratulating the City staff for their dedication and hard for having to sacrifice so much to live and work for the City of Atascadero. I wanted to throw up! Then he said the City is looking for ways to reward them because they have not had a COLA (cost of living adjustments – lay people refer to as RAISES) increase in years.

      Well, at least we know why you didn’t want to dedicate that money to roads and you are going to put it in the General Fund like the City of SLO and spend it on 22 new positions, raises, new job titles, etc.

      Mr. O’Malley, look around this community. Do you see money being spent on remodels, new houses, new businesses, etc. How congratulating the community for sticking together during these difficult times, doing more for less as our water goes up, our waste charges go up, City services become limited but you have money for ECHO, The Zoo, The Lake parking, dredging, etc. I am not saying this are bad projects, but these are from the taxpayers, compliment them.

      No one is holding a gun to the City employees heads. They don’t like it, go find another job. They are more then compensated with salary, health care, pensions and great benefits, holidays, vacation, sick leave. You should know, your wife receives them as a teacher…

      Like or Dislike: Thumb up 27 Thumb down 5

      • Mr. Holly says:

        Omally is the only councilmember who recieves over $8000 worth of benefits from the city. So sad, but this is added onto his $80k+ retirement from the county with those benefits too.
        People need to look closely into the new sales tax especially when “other vital city needs” was added to initiative.

        Like or Dislike: Thumb up 16 Thumb down 0

        • pasoparent5 says:

          Not sure if the A-town WalMart will ever break ground but if it does, rest assured O’Malley will be there for the photo-op, wearing a hard hat and clutching a shovel.

          Years ago O’Malley (Clay, et al) also repeatedly insisted that the Carlton Hotel would “save” downtown Atascadero. That didn’t work out too well, did it?

          The so-called Sunken Gardens…Rotunda building…Carlton…they’re all nice enough but simply do not attract visitors to Atascadero. I doubt a new WalMart will make A-town a destination spot, either.

          Like or Dislike: Thumb up 15 Thumb down 1

  8. NorthCountyGuy says:

    The anti- Free Enterprise protestors don’t even reside in SLO County.

    Like or Dislike: Thumb up 21 Thumb down 11

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