September 25, 2009
Development: Walmart & Sex
It’s a shame to see opponents of a Walmart in Orange County take the issue to court. They made their case before the Board of Supervisors and lost. Dragging out the fight on spurious legal grounds seems unlikely to achieve anything productive. The suit contends that the supervisors “brushed aside” concerns about harm the store might do. If that’s the operative threshold for a tort, then pretty much any development could be challenged on legal grounds—since, almost by definition, any rezoning approval reasonably could be said to brush aside the views of any critics there might be.
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