Wal-Mart appeal remains in state Appeals Court hands

By: Journal Staff Report
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Wal-Mart appeal remains in state Appeals Court hands A court case by a neighborhood group opposing Wal-Mart’s plans to build a 155,000 -square-foot store in North Auburn continues in legal limbo. The Alliance for the Protection of the Auburn Community is seeking to challenge a Placer County Board of Supervisors decision to approve the Wal-Mart project, located near Luther Road and Highway 49. But its appeal effort ran into a roadblock after court papers were accidentally filed late and a Placer County judge ruled that the group couldn’t proceed because of the tardy filing. APACE filed its appellate brief challenging the decision by Judge Charles Wachob in late August with the Third District Court of Appeal. Bohemia Properties, original owner of the Wal-Mart site, filed a response Oct. 21. Victoria Connolly, a member of the Auburn-based grassroots group fighting the Wal-Mart project, said Thursday that the case is filed with the appeals court and APACE is waiting for an answer on the appeal proceeding. “We have no idea when it will be heard,” Connolly said. “We’ve been given a time frame of several months to a year.” Wal-Mart had indicated to the county in the fall that it could start work as early as the spring. If the work starts and decisions are reversed, Connolly said the corporation would have to go back in at the18-acre site and change things. So far, no excavation work has taken place, despite the mild winter. But Connolly said a survey truck has been seen on the property. “They can go ahead and dig but they will have to put it back when the court finds in our favor,” Connolly said. Wal-Mart and Placer County officials were unavailable for comment Thursday. - Gus Thomson