A second lawsuit was filed against Walmart and the City of North Tonawanda last week by opponents of the project, just as the remnants of the last one were being resolved.
The city is preparing responses to the new three-point suit, filed Nov. 18 in state Supreme Court in Niagara Falls.
The newest suit contends that a storm water pollution prevention plan recently resubmitted by the city to satisfy a court order issued from the last suit, still isn’t up to snuff.
“It’s baseless as far as we’re concerned,” City Attorney Shawn Nickerson said.
Attorney David Seeger, representing the citizens group opposed to Walmart’s bid to build on the site of the former Melody Fair grounds, said much of the argument centers on a water management plan reviewed by City Engineer Dale Marshall. Seeger said it may address flooding, but not water quality.
“How this difference of opinion surfaces is, for years civil engineers have focused more on flood control,” Seeger said, adding the plan doesn’t require Walmart to include ponds and other devices to meet state water quality objectives.
Also, the new lawsuit claims a city right of way on the outskirts of the planned development site that must be sold to make way for the retailer is actually park land, meaning the sale must be approved by the state legislature before it can be turned into a roadway.
The city will likely claim that’s flat out wrong, however, Seeger said the use of the land over the years has been park-like in nature.
The arguments were filed just as the city met in Niagara Falls Supreme Court before Judge Ralph Boniello to resolve the one successful point of 11 others included in the last suit. At that time, Seeger on behalf of NT First, successfully appealed to have the storm water plan resubmitted before the final site plan approval. Originally, city planners OK’d the plans without a water management proposal in hand.
That meant city officials had to go back and again approve the overall plan several weeks ago, but this time after also resubmitting and approving the original storm water management scheme.
A hearing on the new lawsuit is scheduled for Dec. 16 again before Judge Boniello.
“We’re working on putting our answer together,” Nickerson said. “Without getting too technical it deals with the (storm water) approval and there are other arguments he’s making. It’s out position that they’re baseless.”
Though he didn’t wish to tip the city’s legal hand heading into the next hearing, Nickerson indicated the timeliness of Seeger’s second suit may be grounds for consideration of dismissal.
Contact reporter Neale Gulley at 693-1000, ext. 114.
Local News
November 24, 2009
NORTH TONAWANDA: Walmart, NT sued again
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