Lawsuit seeks to halt store expansion
Challenges validity of site plan for Wal-Mart project
A petition filed Thursday asks the St. Charles County Circuit Court to revoke building permits for the store's expansion, halt work on the project and rescind a conditional site plan certificate issued by the city on Sept. 6, 2007.
Alton attorney Deborah Greider filed the petition for a declaratory judgement on behalf of O'Fallon resident Lisa Markham. The petition contends the city issued building permits to THF even though the company did not have a valid site plan for the store's expansion."When it comes to holding (developers') feet to the fire to get them to follow the city's own procedures, they're just real lax," Markham said.
City Administrator Bob Lowery Jr. said he could not comment on specifics because the matter it is under litigation.
"I don't believe it does affect the progress of the project," Lowery said.
Greider said other residents had spoken up with concerns about the Wal-Mart expansion, but Markham was the only resident who felt comfortable putting her name to the suit.
"She's not afraid of anyone," Greider said.
Markham said she is involved in a citizens group called Responsible O'Fallon and filed the suit as an advocate for residents. The way the city has dealt with THF, Markham said, is symptomatic of a larger problem.
"We don't feel that O'Fallon is really being responsible for their growth and development," Markham said. "They're supposed to be the ones looking out for the residents."
In addition to the lawsuit, Grieder filed an appeal to the city's Board of Adjustment on Markham's behalf. The appeal states the city initially approved a conditional site plan requiring the developer, THF, to meet specific standards or face invalidation of its plan.
The requirements THF did not meet, according to the appeal, were that the appropriate fire district did not review the development, proper sign permits were not filled out and a business license wasn't acquired. Though these requirements weren't met, the site plan was not revoked, the appeal states.
"I just don't know that an ordinary citizen would get that kind of flexibility," Greider said.
Representatives of THF and Wal-Mart could not be reached for comment before the Journal's deadline Friday.
The appeal contends THF was granted building permits despite the invalidated site plan and that there was no record indicating a $4,503 fee to file the application was paid.
There was also evidence, the appeal states, that another building permit was issued but not paid for until after the 180-day temporary site plan expired.
According to the appeal, Greider and attorney Roy Strawn met with city staff May 9 to discuss the matter.
"Jack Strick, Managing Director of Commercial Development, took the position there was nothing more to gain by looking into the site application status and that we were wasting his time and the time of others," Greider wrote in the appeal.
Strick could not be reached for comment Friday.
The Wal-Mart store in question is near the intersection of Highway K and Mexico Road. Markham said a formal traffic study hasn't been done for the intersection and that she fears a 240-unit condominium development being built next to her home will make the traffic worse.
"That's a bad intersection. I know, because I drive through it every day," Markham said.
City spokesman Tom Drabelle said O'Fallon and Missouri Department of Transportation officials are discussing possible improvements to the intersection.
In December, Greider represented neighbors who successfully fought an annexation that would have led to replacing a house on their block with a retention pond connected to the same Wal-Mart expansion.
Markham and others formed the Responsible O'Fallon group in response to the retention pond issue, she said.
