Lawsuit attempts to stop Wal-Mart

<p>Five Santa Rosa residents with financial backing from labor and social advocacy groups have filed a lawsuit seeking to overturn the approval of a Wal-Mart planned in the Roseland neighborhood.</p><p>The suit claims the City Council's approval was based on an environmental impact report that failed to adequately address noise, traffic and parking problems that would be caused by the store.</p><p>"There are some impacts that are not being mitigated that can be. Those include traffic, noise and parking," said Scot Stegeman, a land use consultant for Citizens Against Wal-Mart, a group that includes the five plaintiffs.</p><p>City Attorney Brien Farrell thinks the review process and approval will stand.</p><p>"In light of the exhaustive environmental impact report that addressed all the appropriate issues and the extensive public hearings participated in by many, many people in support and opposition, we're confident the council's action was legal and will be upheld by the court," Farrell said.</p><p>The impact on Wal-Mart's plan to start construction this summer is unknown.</p><p>Before it can begin work on the Stony Point Road store, the Bentonville, Ark.-based company needs approval of its final design plans.</p><p>Farrell said the soonest the suit could be heard is probably in six months. He said Wal-Mart must decide whether to proceed before the suit is resolved.</p><p>"It would be at their own risk," he said.</p><p>The 24-hour Wal-Mart store would replace a former home improvement store and a former drug store in the Stony Point Plaza Shopping Center.</p><p>Wal-Mart spokesman Kevin Loscotoff expects his company will prevail.</p><p>"We believe the two years that the community, city staff and elected officials have had to analyze and review this project has ultimately resulted in a full and comprehensive report," Loscotoff said.</p><p>He said Wal-Mart has yet to decide whether to start building before the suit is resolved.</p><p>The suit wasn't unexpected.</p><p>Michael Allen, president of the North Bay Labor Council, predicted the day after the council approved the store that a lawsuit would be forthcoming.</p><p>Allen said the labor council and merchants likely to be adversely affected by Wal-Mart have or will provide Citizens Against Wal-Mart with financial help to pursue the lawsuit.</p><p>Stegeman said groups including the Sonoma County Peace and Justice Center and the Sonoma County Living Wage Coalition also provided funds.</p><p>The citizens' group retained Davis attorney William Kopper, who has filed lawsuits against Wal-Mart projects in more than a half-dozen cities.</p><p>The lawsuit comes on the heels of a Nov. 17 ruling by the state Court of Appeal in San Francisco, which directed Napa County Superior Court to consider halting construction of a nearly completed Wal-Mart in American Canyon pending further environmental review.</p><p>The review was sought by two citizen groups that said the Wal-Mart project wasn't adequately studied and that it changed in scope and size once construction began.</p><p>Wal-Mart has become a target for unions, social advocacy groups and small businesses that say the world's largest retailer bankrupts small businesses, underpays its workers and denies them adequate health benefits to the point that many must seek out taxpayer-financed social assistance programs to make ends meet.</p><p>Supporters, however, said a Santa Rosa Wal-Mart would open up shopping opportunities in the retail-short southwest area and provide 300 jobs.</p><p>Councilman Lee Pierce, who voted for Wal-Mart, said the suit smacks of elitism because blocking the store would come at the expense of residents in the lower-income Roseland area who would benefit most from low prices and jobs.</p><p>"It's one thing for someone living in a nice warm home with bank accounts set aside for their kids to go to colleges and it's another thing for someone who doesn't have the luxury to even afford the basics," Pierce said.</p><p>Two of the five plaintiffs - Kathleen Holcomb and June Michalowski - live in the Casa Del Sol town home project that abuts the Stony Point Road shopping center. Plaintiff Cindy Miller-Turenne lives a few blocks away.</p><p>The others, Marian Lynch and Melissa Chandler, live in northeast Santa Rosa.</p><p>The plaintiffs and their attorney didn't return phone calls.</p>