Battle over Bakersfield Super Wal-Mart stores ends with court ruling

Battle over Bakersfield Super Wal-Mart stores ends with court ruling

By Carol Ferguson

Super Wal-Marts are coming to Bakersfield. A five-year battle over two proposed Super Wal-Marts ended Friday afternoon when a judge ruled both projects "can proceed."

In a twist to the long fight, the opponents didn't even show up in court to argue over the second environmental impact report which they had convinced the courts to order.

Lee Jamieson is the developer for the the half-built Super Wal-Mart at Panama Lane and Highway 99, he's glad the fight is finally over -- but still plenty frustrated.

"It's been a long, expensive process that was completely worthless," Jamieson told Eyewitness News outside the courtroom Friday. "Should have never had to be done. A ridiculous amount of money and a ridiculous amount of time -- based on this judge's opinion."

In a brief hearing, Judge Kenneth Twisselman ruled a second environmental review was adequate for both the Panama Lane project, and another Super Wal-Mart proposed by developer Castle and Cooke at Gosford and Pacheco.

It's been a long fight. The two projects got the green light from the Bakersfield City Council in 2003. But, a group called "Bakersfield Citizens for Local Control" started up opposition to the stores.

By December 2003, a judge ruled the city didn't do a good enough environmental report (EIR), and that stopped work on the Panama Lane location. Work never got started at Gosford.

Opponents wanted the second EIR to review whether the big Super Wal-Marts would put smaller stores out of business -- what they call "urban blight."

The second EIR's were completed three years later, in June 2007. Those documents had to come back to Judge Twisselman for his final review. But, the opponents did not appear for that hearing.

The attorney for Bakersfield Citizens for Local Control wrote a letter to the court saying that he was not authorized by the group to appear, and he wasn't planning to be there.

What does Jamieson make of that? "This had nothing to do with the environment, this had to do with labor unions and shutting down Wal-Mart," says Jamieson. He says the group used the state's environmental laws "...as a club, and used it to blackmail people -- and they did a good job of that."

Mark Jones was in court Friday representing Castle and Cooke and their proposed Super Wal-Mart on Gosford. His reaction to the opposition's no-show? "They probably realized the EIR was adequate," Jones told Eyewitness News. "It was a good EIR and that a challenge to that EIR would have no basis."

Jones says it's his understanding Wal-Mart still wants to put their big store at the Gosford site. "I have reason to believe they do. It's a good location and a good shopping center -- and I think they'll make a good addition there."

Jamieson says it's still a "go" for a Super Wal-Mart at his project on Panama Lane. "Absolutely, no changes to the project at all. It was just a waste of time and money."

Jamieson says work could resume at Panama Lane in four to five months, and the Super Wal-Mart could be finished four to six months after that.
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