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Court Rules in Favor of Ellisville in Lawsuit to Block Walmart

A St. Louis Circuit Court Judge rejected claims from a resident that the city had made mistakes in its approval of a conditional use permit for the project.

After hearing arguments on Jan. 31, St. Louis Circuit Court Judge David Lee Vincent III ruled Tuesday that the city did not err in its approval of a conditional use permit for a Walmart development project in Ellisville.

The move clears a legal front in the battle over the contentious project, which has been the subject of fierce protests by some residents and even sparked a failed drive for the recall election of several council members. 

In rejecting the lawsuit brought by city resident Thomas Debold to block the development, Vincent said that the city had met each and every requirement for obtaining a conditional use permit that is required by the municipality’s code.

The decision to approve the permit for Walmart was “supported by competent and substantial evidence upon the record and is hereby affirmed,” Vincent wrote. The judgment is not an interpretation of whether or not the city made the “right” choice in allowing Walmart to build, but rather that the process was followed properly.

Debold’s lawsuit to block the Sansone Group project at the Manchester Road and Kiefer Creek intersection alleged that the city made several missteps, including a lack of adequate traffic studies and a violation of an ordinance requiring a 25-foot setback. Debold's attorney also made motions to disqualify the city’s legal counsel, which was provided by the Sansone Group.

Read more:

  • Ellisville Walmart TIF Vote Expected Wednesday
  • Ellisville Walmart Conditional Use Permit Approved
  • Recall Language in Ellisville Charter Declared Unconstitutional
  • Walmart Appeal: What's Next?
  • Ellisville Walmart Battle Reportedly Heading to Court
  • Ellisville Walmart Development Facts and Myths: Part 1
  • Ellisville Walmart Development Facts and Myths: Part 2
  • Ellisville Walmart Development Facts and Myths: Part 3
  • Ellisville Walmart Development Facts and Myths: Part 4
Daddy D February 28, 2013 at 12:29 AM
All of you grow up and realize that WALMART is coming!!!!!!!!!!!!!!YAY
Mike K February 28, 2013 at 04:26 AM
@daddyd: You sound like a rapist saying "Grow up and realize that you're getting laid! Yayyyyy!!! What a tool..
Daddy D February 28, 2013 at 12:49 PM
@mike the comments about mommy and I know you are but what am I is childish
Nathan Brown February 28, 2013 at 08:37 PM
It is a shame to see the people posting here have no education on the negative impact walmart has on communities. Briefly study economics and Walmart history and it's a no brainer that way we don't need them in Ellisville. I think our council member should be under investigation for postponed bribery.
Daddy D February 28, 2013 at 08:42 PM
Then how about no businesses coming in and triple your taxes and watch Ellisville be a ghost town

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