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My neighborhood association recently completed a fight against WalMart. We won, but I don't think how we won will be of much help to others. Here was our situation:
1) A developer owned quite a bit of undeveloped property in our subdivision. It was zoned for retail but was subject to restrictive covenents, and the local homeowners association was a party to those covenents.
2) The developer wanted to sell a couple of parcels to someone to build a burger joint and a gas station. On the face of it, this appeared to be disallowed by the covenents. The developer and our group began negotiatations.
3) We decided on a trade: we gave our blessing for the gas station and fast food place in return for much stricter restrictions on the remaining undeveloped property. One key new restriction was that no single retail building could exceed 65,000 square feet. There were also a lot of other restrictions added about lighting, building height, etc. The developer agreed to this, apparently because he was already talking to someone about building a grocery store on the site, and the new potential owners had no problems with these restrictions. The new restrictive covenents were drawn up and recorded properly with the city and county, and tied to the property to be passed on to successive owners.
4) Several years passed. The grocery store deal fell through. The land sat vacant, and the developer evidently began to regret his agreement with us.
5) Next we heard was that the developer was going to sell the property to WalMart, and that a 225,000 square foot supercenter was going in. We sued, the developer counter-sued, and things got very ugly.
6) The developer claimed he was coerced into signing the original agreement, and that members of our group had improper contacts with city hall. Our group was villified in the local paper, and by most local politicians. Our group leaders in particular were dragged through the mud.
7) The legal wrangling went on for a couple of years. The normal complaints about WalMart got us nowhere. Yes, they are big and nasty, and cause traffic problems, and hurt local businesses, yada yada yada. All that is true, but it didn't help us a bit. We had one thing going for us - the 65,000 sq ft size restriction. That's what the opposing lawyers went after, and that's what we had to defend; over and over and over. They tried to wear us out and bankrupt us.
8) In the end, we won. After numerous legal battles, a judge finally decreed that the restrictive covenants were valid and could be enforced. He also ruled that the developer had to pay most of our legal costs. We haven't seen any of that money yet, but I think we will.
9) The reason I don't think our case will help others in their battles against WalMart is because most people are not going to have a pre-existing restrictive covenant. If we had not had that 65,000 size restriction in place, we would have lost - no doubt about it. In fact, the developer could decide to sell the property to WalMart anyway. If WalMart bought the land and decided to build one of those smaller neighborhood types of store that is smaller than 65,000 sq feet, we could not prevent it.
10) We had a big celebratory dinner, and patted ourselves on the back. WalMart may not lose often, but they do lose every once in a while.
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