Walmart Loses Bid For Ellisville Permit Extension

Walmart is sounding an upbeat tone on the company's prospects in Ellisville, despite the city council's split decision Wednesday night on a vote that sought to give the retailing giant more time to obtain a building permit and begin construction. The original conditional use permit granted last September expires on September 5.

The council voted 3-3 on the measure, with Councilman Mick Cahill joining Mayor Adam Paul and Councilwoman Linda Reel in opposition. Councilman Gary Voss was not in attendance.

One of the biggest factors behind the lack of action in the way of purchasing property, obtaining a building permit and otherwise breaking ground on the project remains a lawsuit filed by an Ellisville resident which alleges that the original conditional use permit was improperly granted. The case has been appealed to the Missouri Court of Appeals, which will hear it next Wednesday.

Residents who have long opposed the project did so again Wednesday, in part citing The Sansone Group's lack of ownership of the property in question. Opponents, including Mayor Paul, have also cited the lack of a lease, although a company representative told council members that a lease was signed last October. James Sansone called moving forward and closing on millions of dollars in real estate purchases "an impossible task" in light of the suit but said he was "100 percent confident" in the ability to obtain the property needed for the project.

The attorney for the resident suing the city over the permit said it had not been determined if her client would seek relief at the State Supreme Court if he failed at the appellate level. Walmart's counsel said they could promise no immediate activity in the process were it to succeed in Appeals court. 

Despite the uncertainty brought on by the lawsuit, Walmart's team argued they're making progress on the project, with approvals from fire officials, the state department of Natural Resources and that other plans associated with the project had been submitted to the city. They are in the late stages of approvals with the Metropolitan Sewer District and MoDOT. An application for a building permit in Ellisville was filed in July, they revealed.

"We still have a CUP, we still have all of our team in place moving forward and that's what we're going to continue to do," said Chris Neeley, Walmart's Director of Public Affairs.

Neeley didn't directly answer questions about what the retailer would do if September 6 comes without having received a building permit, outside of the possibility of filing for another conditional use permit. He said the company would use the remaining two weeks it has in the process, and described the work ahead as "completely do-able."

"We still believe in Ellisvile and we still believe in the people that live here that work here the business that are looking for this opportunity to bring a Walmart and all the other businesses that come with it," he added.