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Letter of the Lawsuit
Class Action Litigation Against ShopRite in the Works?

NAPANOCH � A letter from the president of the ShopRite Supermarket cooperative has done little to quell locals' calls of protest against the supermarket chain for their litigation against Walmart. In fact, in an effort to fight fire with fire, it appears as though a class-action lawsuit against ShopRite could be in the works.

"Three people came today from Ellenville," said Napanoch Valley Wines owner Bella Volchik last Wednesday. "They approached [my husband] Tony and said, 'if you're going to sue, we're going to join you.'" Over the last several weeks, Volchik, along with her husband and business partner Tony Zlatkin, have been providing residents with form letters that call for ShopRite to drop its lawsuit against Walmart and the Town of Wawarsing � litigation that has kept Walmart's plans to build a store on the Napanoch Valley Mall site from proceeding.

The letters, which the two have been mailing individually to Wakefern Food Corporation, ShopRite's parent company, have garnered a letter written by ShopRite President David C. Figurelli in response. He writes that the company filed the suit, in conjunction with local business-advocacy group Wawarsing-Ellenville for Responsible Development (WERD), because "the proposed Walmart project is likely to have an environmental and economic impact on the local community and full consideration should be given to this issue and others."

The letter, as well as spokespeople for the company and for WERD, allege that the town planning board did not exercise due diligence regarding New York's State Environmental Quality Review Act, or SEQRA. A source of conflict between the two sides is whether or not SEQRA requires a more in-depth look into the economic impacts a project may have � and ShopRite alleges that Walmart's economic impact could do more harm than good.

"We provide employment to more than 150 associates," reads the letter. "As a ShopRite associate they earn good pay and many qualify for generous benefits at no cost to them. Many of our associates are long-term employees and we want to more fully understand the impact the introduction of a Walmart may have on these and other jobs in the community. We are interested in protecting the viability of these jobs today and into the future."

The sentiment of protecting jobs, says Zlatkin, is disingenuous.

"When they came here, for some reason they did not care that they were going to hurt Grand Union at that time, or Great American at that time," he says, making reference to two supermarkets that were in the area prior to ShopRite's arrival in the early 1990s. "And both of them closed very shortly. Great American closed within a year."

"It's a problem that people have no employment," says Volchik. "I'm tired of ShopRite telling us that they provide good jobs, and Walmart low-paying jobs. They provide the same, equal, minimum wage jobs�this is the story." She also points out that Walmart's representatives have said that the store would provide 250 to 300 jobs, and more during the holiday season. Volchik reads from the latest letters that were signed by local residents, each of which express the same frustration with the local economy's bleak situation.

"'Enough, we want and need Walmart,' 'The town needs jobs,' 'ShopRite cannot be a monopoly. See the area. We need variety.'"

Volchik stops reading. "It's about jobs. It's about ShopRite stalling the project that will eventually happen."

"It always does," adds Zlatkin.

"But meanwhile, this community is sick and tired."



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