Residents ask city again
to stop Wal-Mart project

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By Debra Barayuga
dbarayuga@starbulletin.com

A group of Keeaumoku-area residents has asked the city Department of Planning & Permitting to stop construction of the Wal-Mart/Sam's Club complex, saying it violates the city Land Use Ordinance.

In a letter dated last Monday to Director Eric Crispin, Citizens Against Reckless Development asked for a cease-and-

desist order on the construction. The group also asked that the department halt issuance of any further permits on the project until all legal requirements have been fulfilled, including preparation of an environmental assessment and formal rezoning.

Circuit Judge Gary Chang had told the group a week ago that it needed to exhaust all administrative remedies before seeking relief in his court.

Yesterday, Citizens lost another round before the city Zoning Board of Appeals to stop the construction.

The Zoning Board granted Wal-Mart's motion to dismiss a second appeal by the group because it was filed after the mandatory appeals deadline. An earlier appeal was also dismissed on the same grounds.

Attorney Bartlett Durand argued yesterday that the residents were not notified that a conditional-use permit had been issued to Wal-Mart, and took action as soon as they learned.

He said the residents went to their neighborhood board meetings seeking information and were told repeatedly by city officials that the project was permitted under its current zoning and that no special permits were necessary.

David Tanoue, deputy corporation counsel, and Donna Leong, attorney for Wal-Mart, argued that the Land Use Ordinance and Zoning Board rules clearly set mandatory appeal filing deadlines and that Citizens attorneys were obligated to appeal in a timely manner.

They also said the city had no legal obligation to notify residents of the issuance of the conditional-use permit.

If residents wanted notification, they could have requested information directly from the planning director, Tanoue said.

"In hindsight, maybe we should have done something, but it's difficult for the city to assume who's interested in projects before the (zoning) board," he said.

Leong said the conditional-use permit, which allows two adjoining parcels to be developed as one, is an administrative matter and did not require that residents be notified.

The residents and Local 480 of the United Food & Commercial Workers Union still have

a nuisance claim alive in Circuit Court and will return March 13 to seek a prelimnary injunction.