Developer's Attorney Speaks Out On Walmart Appeal

The attorney representing a St. Louis developer looking to build a Walmart store on Manchester Road in Ellisville says he doesn't speak for the retailer, but that that's not why a hearing which was to have been continued last week about the project, was instead delayed indefinitely.

The Sansone Group contested an Ellisville City Council hearing several weeks ago which sought to revoke the conditional use permit for the controversial project. John Hessel, Sansone's attorney, has said the matter should proceed as an administrative hearing, which functions differently than a typical city council hearing.

Councilman Matt Pirrello told a packed audience at last week's City Council meeting that the move to delay the hearing came as a result of "mutual agreement between legal parties," while Mayor Adam Paul said later that it came because Walmart had withdrawn authorization for Hessel to operate on its behalf.

But Hessel, who has indicated that Sansone would not have challenged the hearing process without having Walmart recommitted to the project after walking away from it last month, said he and Ellisville's City Attorney had agreed to the continuance to make sure the proceedings were "held in the appropriate way," via an administrative hearing.

Whenever it is held, the hearing will determine whether the original conditional use permit issued last fall is still in force. Sansone purchased a few parcels of land and performed some light work on part of the site before Walmart announced it was withdrawing from the project in early September. 

"Sansone has a property right that was granted to it," Hessel said, saying his client has "every right to defend itself in the taking of that CUP."

Hessel said he will continue a push to have Ellisville Mayor Adam Paul barred from voting in the hearing, given his outspoken opposition to the project. Paul, Hessel said, is "terribly biased and cannot be impartial."

While Hessel said he does not speak on Walmart's behalf, his comments in recent weeks have been the only to indicate the retailer is still interested in building in Ellisville.

Company representatives have not been specific in public statements about coming back to the table in Ellisville, except to say “Walmart remains interested in being a part of the Ellisville community and better serving our customers."

When asked to do so by Patch last week, the company's communications director said, "Walmart is always looking to best serve its customers.  We have no news to announce in Ellisville at this time."