Community Corner
Walmart Arguments Wrap In Appeals Court; No Timetable For Decision
An Ellisville resident suing the city and the former city council claims a conditional use permit was issued despite an incomplete application and that evidence was excluded by a circuit court judge.
Attorneys for the city of Ellisville and a resident suing over how a conditional use permit was issued for the proposed Walmart project have wrapped their argument in front of a three judge appellate panel Wednesday.
The move to the Missouri Court of Appeals comes after a St. Louis County Judge rejected the argument made by resident Tom Debold, in claiming that the city issued a conditional use permit despite an incomplete application and didn't address traffic issues tied to the project. Debold's suit lists the city of Ellisville and the city council members in place when the conditional use permit was issued last fall, including Mayor Adam Paul.
Debold's appellate claim is tied to the process the city used and asks for review of the trial court decision, which his attorney, Jane Dueker, argued Wednesday excluded evidence and wrongly assumed the permit was legal because the city of Ellisville said it was legal.
The city's counsel, Chris Bauman, said the appellate court's role was to look solely at the city's process of issuing the permit and not the circuit court level, and asked for an expedited review of the case, given the pending expiration of the permit.
The developer on the project, The Sansone Group, faces a September 5 deadline to obtain property for the project, get building permits and begin construction. Bauman said it was "not reasonable to believe Sansone" will purchase the property and begin construction unless there's a decision "well prior to September 5."
Last week, the Ellisville City Council deadlocked on a vote that would have given Walmart and the developer up to 180 more days under the existing conditional use permit.
If a decision is rendered by the Court of Appeals prior to the September 5 deadline, there is still a possibility the case could be appealed to the Missouri Supreme Court, although an appeal does not guarantee the case would be heard.
The appellate court said Wednesday it would take the arguments under advisement.
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