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Wal-Mart gets
OK to build

Opponents of the complex
hope to get their claims reinstated
in court to halt work


Wal-Mart has received its final major city approval to build its Wal-Mart/Sam's Club complex at the Keeaumoku superblock.

"That means construction begins now," said company spokeswoman Cynthia Lin.

The city issued the project a building permit Wednesday, said Eric Crispin, city Planning & Permitting Department director.

Art The permit is the last major city approval for the project bounded by Keeaumoku, Makaloa, Sheridan and Rycroft streets. When completed it will have 317,000 square feet of retail space on two levels and a 1,600-stall, four-level parking structure.

Preliminary work started last year after the city granted Wal-Mart grading and foundation permits. Lin said the foundation is almost finished and that the next step is to start building the structure.

Work was halted in one corner of the site after 25 sets of human remains were discovered in January. Lin said the work will not resume in that area until state historic preservation officials decide what to do with the remains. State archaeologists believe the remains, found along Sheridan and Makaloa streets, are remnants of a smallpox grave site from the 1850s.

Jim Becker, one of three area residents suing the city and Wal-Mart to block the project, said the building permit is disappointing but not unexpected.

"Yes it's a setback. We had hoped it wouldn't be issued, but we're also rather pleased that we managed to delay it as long as we did," Becker said.

The other plaintiffs in the lawsuit are Doris Nakamura and Becker's wife, Betty. The trial to determine whether the project is a nuisance is scheduled to begin in September.

Becker said the trial will not prevent the construction, but he is hoping the trial judge will reinstate eight other claims, which could halt the project. Those claims had been dismissed after a judge ruled that the plaintiffs did not exhaust all administrative remedies before taking their case to court.

One of the administrative remedies is to ask the director of the city's Planning & Permitting Department to reconsider his decision to grant the project its permits. Becker said he has since done that and was turned down.

The other is to go before the city Zoning Board of Appeals. Becker said the board is scheduled to consider an appeal by his group, Citizens Against Reckless Development, next month, but he does not expect to prevail.

Becker said he then plans to ask the trial judge to reinstate his claims that the project is not consistent with the area's community/mixed-use business zoning and would have a negative impact on the surrounding neighborhood and small businesses.

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