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Thread: Court's ruling on physical decay in cities

  1. #1
    Cyburbian Plus JNA's avatar
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    Court's ruling on physical decay in cities

    Wal-Mart's Calif. supercenters delayed
    Headline and Article from USA Today
    http://www.usatoday.com/money/2005-0...a_x.htm?csp=34

    Highlight of Article:

    "The Fifth District Court of Appeal in Bakersfield ruled Dec. 13 against Wal-Mart and the developers, saying Bakersfield failed to analyze potential physical decay citywide as two Wal-Mart supercenters caused other businesses to close and leave shopping centers vacant.

    The court's first-of-its-kind ruling on physical decay has thrown up even higher environmental hurdles for California cities considering Wal-Mart supercenters. Cities that once considered effects on wildlife and air quality must now study a ripple of potential economic effects as well and determine if a new supercenter is worth vacant buildings elsewhere. The three appellate judges ruled that examples of urban decay from other cities and states are also valid considerations for a California city analyzing a supercenter project."



    Opinion at: http://www.courtinfo.ca.gov/opinions...ts/F044943.PDF
    Last edited by JNA; 23 Mar 2005 at 9:09 PM.
    Oddball
    Why don't you knock it off with them negative waves?
    Why don't you dig how beautiful it is out here?
    Why don't you say something righteous and hopeful for a change?
    From Kelly's Heroes (1970)


    Are you sure you're not hurt ?
    No. Just some parts wake up faster than others.
    Broke parts take a little longer, though.
    From Electric Horseman (1979)

  2. #2
    Member Nor Cal Planner Girl's avatar
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    Well- I guess that just bumped up the CEQA process!

  3. #3
    Cyburbian Future Planner's avatar
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    This is an extremely interesting case and worth the read. Besides the judges findings of potential indirect envirnomental effects of urban decay due to the "walmart effect," the opinion on air quality impacts is also far reaching.

    The judges directed that the potential health consequences from the dirty air that will result from the walmarts must be identified and analyzed in the EIRs. This is not business as usual. Normally, air quality impacts are identified and generally shruged off as part of development. Interesting to see what happens with this case.

  4. #4
    Member Wulf9's avatar
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    The case is very well written. The judge takes each side to task for making perjorative remarks about the other, then goes point by point to the real issues in the case. If not overturned, it will could change the face of CEQA decisions over the next few years.

  5. #5

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    More work for economic analysis consultants We are doing a "Bakerfield Study" right now.

  6. #6

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    Quote Originally posted by JNA
    Wal-Mart's Calif. supercenters delayed
    Headline and Article from USA Today
    http://www.usatoday.com/money/2005-0...a_x.htm?csp=34

    Highlight of Article:

    "The Fifth District Court of Appeal in Bakersfield ruled Dec. 13 against Wal-Mart and the developers, saying Bakersfield failed to analyze potential physical decay citywide as two Wal-Mart supercenters caused other businesses to close and leave shopping centers vacant.

    The court's first-of-its-kind ruling on physical decay has thrown up even higher environmental hurdles for California cities considering Wal-Mart supercenters. Cities that once considered effects on wildlife and air quality must now study a ripple of potential economic effects as well and determine if a new supercenter is worth vacant buildings elsewhere. The three appellate judges ruled that examples of urban decay from other cities and states are also valid considerations for a California city analyzing a supercenter project."



    Opinion at: http://www.courtinfo.ca.gov/opinions...ts/F044943.PDF
    finally, someone is steping in fron of wal-mart and sayingn "NO" or at least "not sure"

    The wal-mart chain has probably put allot od mom-and-pop stores out of business. No wonder why the walton family is geting so wealthy. Time to bring em down, legal style. Or not...

  7. #7
    Cyburbian
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    Walmart Loses Court Decision

    I didn't see anything about this - sorry if it's a duplicate, but On December 16, the Calfornia 5th Curcuit Court of Appeals rejected two EIRs for two new Walmart stores in Backersfield because they did not include an analysis of the economic impact Walmart might have on existing business. The judges required them to look at the potential for urban decay to take place. For those of us working in California, this puts a rather interesting new spin on things, to say the least.

    =Bob

  8. #8
    Cyburbian Plus JNA's avatar
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    rcf is correct this is a duplicate.

    MODS -
    http://www.cyburbia.org/forums/showthread.php?t=16702
    Oddball
    Why don't you knock it off with them negative waves?
    Why don't you dig how beautiful it is out here?
    Why don't you say something righteous and hopeful for a change?
    From Kelly's Heroes (1970)


    Are you sure you're not hurt ?
    No. Just some parts wake up faster than others.
    Broke parts take a little longer, though.
    From Electric Horseman (1979)

  9. #9
    Forums Administrator & Gallery Moderator NHPlanner's avatar
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    Quote Originally posted by JNA
    rcf is correct this is a duplicate.

    MODS -
    http://www.cyburbia.org/forums/showthread.php?t=16702
    Moderator note:
    Threads Merged.
    "Growth is inevitable and desirable, but destruction of community character is not. The question is not whether your part of the world is going to change. The question is how." -- Edward T. McMahon, The Conservation Fund

  10. #10
    Cyburbian jordanb's avatar
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    Could this have an effect outside of California? Upon which law does this case rely and do other states have similar laws?

  11. #11
    Cyburbian Plus JNA's avatar
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    Quote Originally posted by jordanb
    Could this have an effect outside of California? Upon which law does this case rely and do other states have similar laws?
    1. Do not know.
    2. California Environmental Quality Act (CEQA).
    check out the court opinion link.
    3. If they require an Environmental Impact Report (EIR) ?
    - cumulative impacts analyses
    Oddball
    Why don't you knock it off with them negative waves?
    Why don't you dig how beautiful it is out here?
    Why don't you say something righteous and hopeful for a change?
    From Kelly's Heroes (1970)


    Are you sure you're not hurt ?
    No. Just some parts wake up faster than others.
    Broke parts take a little longer, though.
    From Electric Horseman (1979)

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