Arizona Republic

Thursday, November 4, 1999


Wal-Mart, developer sue Chandler, council


Say city erred in rejecting superstore

By Janie Magruder
The Arizona Republic

Wal-Mart and Vestar Development Co. sued Chandler, on Wednesday, alleging 
their
constitutional rights were violated by the City Council when it rejected 
the retail giant's plan to
build a Supercenter in an upscale residential neighborhood.

The lawsuit, filed in Maricopa County Superior Court, does not seek

damages, but asks the court to overturn the council's unanimous decision 
and allow the store
to be built.

"That area is approved for this type of development, and we complied with 
the rules set forth
by the city. In fact, we met and exceeded them," Wal-Mart spokeswoman 
Daphne Davis said.

The move caught city officials and neighborhood leaders by surprise. 
Councilman Boyd
Dunn, who has been

making land-use decisions for Chandler for 12 years, said he couldn't 
recall being sued by a
developer before.

 "I think it's unfortunate and unnecessary," said Dunn, a Tempe lawyer. 
"There are quite a
few compatible sites for a super Wal-Mart in the city of Chandler, and to 
put all their eggs in
one basket for this particular site, I just don't understand it."

Sandra Laney, an Ocotillo resident who led an enormous drive to defeat the 
plan, called the
lawsuit a "bully tactic" that will only make more

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