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2008-06-25
Polson, MT. Citizenís Lawsuit Delays Wal-Mart For Nearly Three Years

On October 10, 2005, Sprawl-Busters reported that residents in Polson, Montana had organized to prevent Wal-Mart from closing down its existing store, just to build a supercenter three times bigger on a nearby highway. Wal-Mart wants to abandon a 50,000 s.f. store and build a 156,000 s.f. Super Center. The city already has two 45,000 s.f. grocery stores. Wal-Mart needed to have 28 acres rezoned from residential to commercial and to annex the property into the city. Polson is located on the Flathead Indian Reservation in a natural amphitheater at the south end of Flathead Lake. The city describes itself as being a "charming lakeside community" and the trading center for one of Montana's most fertile farming areas. Local residents told Sprawl-Busters that the city's maximum potential draw of shoppers is 15,000 (Lake county only has 28,000 people). The group Lake County First has filed a lawsuit against the city to stop construction of the Wal-Mart supercenter. Lake County First is charging that the Polson City Council ignored its own growth policy and master development plan when it approved a zoning change that would allow construction of the super center next to U.S. Highway 93, near the Miracle of America Museum. "Polson is a good place to live, and the things that make it so - the lake, the view, the compact business district, the small-town ambience - should be sustained," reads the Polson Master Plan, according to the brief filed by Martin S. King of the Missoula law firm Worden Thane. Wal-Mart attorneys responded by saying the city council obeyed all legal requirements, including public notices and hearings, before reaching a decision, and noted the council rejected Wal-Mart's original request for a zoning change - and did not approve a new one until the company presented more details about their plan for the proposed project. "Having once rejected a similar application, and having insisted on thorough scientific and professional analyses, it is apparent the council's action was based on a solid record," the Wal-Mart brief says. "The court ought not substitute its judgment for that of the council." But the land Wal-Mart wants is now zoned low-density residential, and the change to highway commercial is about as jolting a change as one can imagine, and is not compatible with the "charming lakeside" ambiance of the city. The superstore that would be built on Highway 93 is three times the size of the existing Wal-Mart on Highway 35, and is being proposed more for the convenience of Wal-Mart's market share, than for the city of Polson's shopping needs. "It simply makes little sense and thwarts the entire purpose of planning and mandated growth policies when the very persons who are to interpret and administer the policies have little or no regard for the very policy statements put in place to guide the direction of a community in the long term," Lake County First says in its lawsuit. The group says the rezoning is an illegal "spot zoning" which will only benefit one landowner -- Wal-Mart. The City-County Planning Board recommended the council reject the zone change. The change, the board said, "was contrary to the Polson Development Code and other applicable planning documents which consistently and uniformly provide that this location is best zoned as low-density residential for numerous reasons, including the desire to avoid strip development, to protect the world-class views, to protect and preserve the central business district and other factors. The public comment before the council was almost uniformly likewise." This week, almost three years after the citizen's lawsuit was filed, Wal-Mart is still climbing the pole in Polson. According to The Lake County Leader newspaper, the Polson City Council had to extend "plat approval" for Wal-Mart's planned expansion for two more years. Wal-Mart has been tied up in a lawsuit, the newspaper explains, which is now before the Montana Supreme Court. Wal-Mart's developer told the City Council that it has abandoned plans for a gas station in the parking lot. Wal-Mart is still excited about this project," the developer added. "Wal-Mart has been a good citizen." The Leader reported that this comment "drew snorts" from local residents at the hearing. The Council voted to extend the plat approval on a 6-1 vote.

What you can do: Lake County First has tied Wal-Mart up for almost three years on this project. The store would have been up and operating for more than two years at this point -- if the citizens had not gone to court. It's a tactic that they learned from Wal-Mart -- which often appeals on the same grounds when it loses a case. This is a classic case of suburban sprawl vs. a compact business district. The Wal-Mart proposal clearly flies in the face of the written planning documents in Polson. What often happens is that when a city is approached by a developer with money in his pocket, local officials respond in a knee-jerk reaction, abandoning all the nice-sounding rhetoric about small town ambiance, and give the developer what he wants. This proposal is the wrong size, and the wrong location. Wal-Mart's standard argument that the court should not "substitute its judgment" for that of the local council, would be fine if the local council had not substituted its judgment for that of the written Master Plan. If this project is permitted, Polson will have a larger Wal-Mart, and a dead Wal-Mart. Not much else will change. The only thing being added by the proposal is another grocery store -- and Polson is likely to see one or more of its existing grocery stores close. The economics of this project don't pencil out for the city -- either in terms of tax revenues or jobs. There will be little or no change in either. Residents have at least put Wal-Mart's unneeded project on hold for now. Because of citizen intervention, this small city in Montana has kept Wal-Mart from building for almost three years. Readers are urged to email Polson Mayor Lou Marchello at polsonmanager@centurytel.net, with this message: "Dear Mayor Marchello, Does it seem compatible to you that a 'charming lakeside community' would want a huge big box store nearly three times the size of a football field? Your recent vote to extend Wal-Mart's plat is a testament to how far your city has drifted from the 'small town ambience' theme in your Master Plan. The City Council should: 1) require that all future retail development conform to the small town character of Polson, and 2) that no single retail building shall exceed 50,000 s.f. in size. You should also pass a zoning ordinance change that requires a 'demolition bond' for any retail business that allows its building to cease as a retail use for 12 consecutive months. If this Wal-Mart supercenter ever gets built, you will have a dead store to dispose of. Make sure the taxpayers of Polson are not saddled with that expense. If the Council keeps approving big box stores, your 'charming lakeside community' is going to become a 'charming box-side community,' and you can rename Flathead Lake, the Flatbox Lake. They don't sell small town quality of life at a Wal-Mart, and once they take it from you, they can't sell it back to you at any price."










 
 
"Norman has become the guru of the anti-Wal-Mart movement" ~ 60 Minutes

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