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THURSDAY, JANUARY 14, 2010   
Vol 3.2   









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Web Exclusive
ShopRite's Lawsuit Against Walmart Dismissed in Ulster County Court

NAPANOCH - The wait, it seems, is over. After months of speculation, predictions, and protests, the Ulster County Supreme Court has handed down a decision to dismiss the lawsuit filed by ShopRite and Wawarsing-Ellenville for Responsible Development (WERD), which sought to block Walmart's proposed Napanoch store.

On Thursday, January 14, 2010, Ulster County Judge Gerald Connolly rendered his decision to dismiss the lawsuit brought against Walmart and the Town of Wawarsing in May of 2009. In addition, the judge also dismissed ShopRite's motion for further discovery, which means the gathering of more evidence, in regards to alleged private meetings between Walmart's representatives and Wawarsing government officials. In essence, the entire case has been dismissed.

However, at the time of this writing, it is not clear whether or not ShopRite and WERD will appeal the decision in a higher court, though it is their right to do so at this point in time. Should that happen, local merchant and Walmart proponent Bella Volchik has said that she will proceed with filing a lawsuit of her own - a class-action suit against ShopRite for halting Walmart's progress in Napanoch.

In March of 2009, the Wawarsing Planning Board issued a negative declaration under the State Environmental Quality Review Act, which seemingly cleared the way for Walmart's plans to develop a new retail store at the Napanoch Valley Mall site. A few months later, ShopRite and WERD filed their lawsuit, citing alleged irregularities and a lack of due diligence on the part of the Wawarsing Planning Board. In the ensuing months, the public debate over the retailer continued, culminating in over 500 letters of protest being sent to ShopRite's parent company by Volchik and other residents in support of the big box retailer's plans to move to Napanoch.

Check back for updates on this story as it progresses.



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