"Wal-Mart ruling appeal set for today"

From today's Daily Evergreen:

Judge David Frazier of the Whitman County Superior Court will hear the next — possibly the final — phase of the Pullman Wal-Mart debate this morning.

Frazier will hear the appeal by Pullman Alliance for Responsible Development of a February public hearing decision at 9 a.m. at the Superior Court in Colfax.

The hearing is open to the public.

The court appearance is a result of a Land Use Petition filed March 17 by PARD, a citizen group, which came together to fight Wal-Mart’s plans to build in Pullman.

Pullman City Attorney Laura McAloon said the hearing will focus on previous evidence and no new testimony will be heard.

Attorneys for PARD, the City of Pullman and Wal-Mart will each have an hour to speak.

The city will argue alongside Wal-Mart representatives in support of the hearing examiner, John Montgomery’s February ruling, McAloon said.

“We believe there is substantial evidence to support the determinations made by the city and upheld by the hearing examiner,” she said.

The ruling by Montgomery — a Spokane lawyer who presided over the public hearing — supported plans for the company to build off Bishop Boulevard, but added additional conditions requiring new traffic lights to be installed.

Neither the city nor Wal-Mart are challenging those conditions, McAloon said.

PARD Media Coordinator, Christopher Lupke said the appeal has a narrow focus, because it is the only basis they could legally use.

The focus of their argument will be on Wal-Mart’s effects on Pullman traffic and its impact on other local businesses.

“There are all sorts of other problems with the project ... We have to argue within what is allowable,” he said. “There are certain legal protections we do not enjoy.”

The initial analysis of Wal-Mart’s potential effects on Pullman were not accurate because the city did not bring in an independent examiner, Lupke said.

Pullman has a checklist for applying to build, said Tom Forbes, Business and Residents for Economic Opportunity Co-Founder. This includes filing a State Environmental Policy Act checklist and site plan, which Wal-Mart did and Pullman approved.

Any interested party can file an appeal and PARD did, Forbes said. This brought the hearing by Montgomery, which was appealed by PARD.

PARD is fighting against Wal-Mart because they feel the area’s economy and workforce will be harmed if Wal-Mart is allowed to build. A Supercenter inside the city will force other local businesses out and pay employees at poverty-level wages, causing a burden on taxpayers, Lupke said.

“It is very difficult to go up against a corporation like this,” he said, “especially when the city of Pullman is beholden to Wal-Mart.”

Forbes said the process needs to end for the good of the city and its residents.

“This process has dragged on for nearly two years,” he said. “It has divided the city, has been one of the most controversial issues Pullman has seen and has cost the city thousands. There needs to be a decision so the city can move forward, and hopefully we will have that soon.”

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