Wal-Mart receives approval to build supercenters

Thursday, Dec. 2, 1999 | 10:40 a.m.

Wal-Mart will be allowed to continue building two supercenters, following a judge's ruling that prevents Clark County from using a controversial new ordinance to block construction of the stores.

County officials were also ordered by U.S. District Judge Philip Pro on Wednesday to issue the final building permits for the developments.

Wal-Mart attorney Will Kemp hailed the decision as good not only for the company but for consumers, who will get lower grocery prices.

County attorneys did not respond to requests for comment on the ruling. The three county commissioners who voted in favor of the ordinance were unavailable or declined comment.

Wal-Mart Stores and Eastern Beltway Ltd., which owns one of the sites, sought the injunction as part of a federal lawsuit filed Oct. 18 against Clark County. The lawsuit claims the new ordinance, which limits food sales at some large businesses, is unconstitutional.

Pro had previously granted a temporary restraining order, stopping the ordinance from being applied to the two stores in question.

According to the order, plans for the two Wal-Mart supercenters were under way well before county commissioners voted 3-2 in favor of the ordinance at their Oct. 6 meeting.

Wal-Mart and Eastern Beltway already have spent more than $6 million on the two supercenters, according to evidence presented to Pro.

In granting the injunction, Pro concluded that "forcing Wal-Mart to abandon its plans to build two supercenters here in Clark County could, in this court's judgment, constitute an undue hardship."

The county measure was backed by the United Food and Commercial Workers Local 711, which has 6,000 members. Union members argued that Wal-Mart and other supercenters hurt smaller merchants.

Opponents have accused the union of singling out Wal-Mart because it hires nonunion workers. The ordinance affects retail businesses with more than 110,000 square feet. It limits the amount of retail space devoted to food sales in those businesses to 7.5 percent.