NAPANOCH – 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.

"We're pleased with the decision of the court, and we're eager and anxious to move forward," said Phil Serghini, a Walmart spokesperson. "But that won't happen until all of the appeals are exhausted, so we won't have any kind of timeline or framework for moving forward until that happens."

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. In April, the planning board issued approval for Walmart's site plan, but everything was put on hold in May when 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. The letters asked that ShopRite drop its litigation against Walmart and the Town of Wawarsing, despite the grocery company's explanation that it brought the suit on behalf of the community itself.

"We think it's an unfortunate decision for the community, because we believed, and still believe, that they deserve to have a complete understanding of the economic and environmental impacts of the proposed Walmart store," said Karen Meleta, a spokesperson for ShopRite. "And with the recent decision, that goal will not be achieved."

Asked if the company plans to appeal the decision, Meleta said, "We're evaluating our options."

Should the company appeal, 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.

"I think it's wonderful," said Volchik about the dismissal last Thursday when the news broke. "The opposition wanted an independent decision, and they got it."

The opposition, however, still has questions as to how closely the judge looked at the application.

"Needless to say, I'm disappointed," said Steve Krulick, a local activist who has been painted as the public face of the anti-Walmart campaign in the area. Krulick was also named as a petitioner in the lawsuit along with ShopRite and WERD.

"How do you respond to a judge that basically just dismisses everything you said, and keeps referring only to the court cases as precedent that he wishes to, but doesn't bring up court cases that we brought up that we feel are newer and actually supplant the older cases?" he asked.

"Just to assume that whatever was presented was not sufficient to justify that and then claim that we accept what they say is so, just kind of makes me feel like I'm pushing a 15-ton marshmallow. It's big and it's heavy, but there's nothing to push against."