Lawsuit dimissal Barstow can proceed with its Distribution Center

Barstow, Calif. (December 29, 2009) — City of Barstow officials expressed elation after receiving word that the petitioners and Wal-Mart entered into a written settlement which led to the dismissal with no right to appeal of two lawsuits challenging the City’s approval of the proposed Wal-Mart Distribution Center in Barstow. “This news about the proposed Wal-Mart distribution center is truly a great way to start 2010,” said City of Barstow Mayor Joe Gomez. “The finality in these cases means the Wal-Mart distribution center project can finally move forward in Barstow beginning in 2010. Once built, the distribution center will bring much needed family supporting jobs and benefits to our community at a time when so many of our residents are unemployed or under-employed,” added Mayor Gomez. The settlement for dismissal comes after a California Superior Court judge ruled on two petitions filed against the City on September 25, 2009. In Hodges v. City of Barstow, the petitioner alleged that the City’s public hearing notice for the final City Council hearing on the approval of the Wal-Mart Distribution Center was defective. The Court denied Mr. Hodges’ petition, and found in favor of the City of Barstow. The same judge ruled tentatively in favor of the City of Barstow on the second petition, Build Barstow Smart v. City of Barstow. This petition was brought pursuant to the California Environmental Quality Act (CEQA) and asserted, among other things, that the City failed to conduct adequate analyses in the lengthy Environmental Impact Report concerning water supply to the distribution center, and the effect of the project on greenhouse gases, climate change and energy impacts, as well as the Council's decision to reject a smaller, but environmentally superior, project. In December 2005, Wal-Mart announced its plans to build and operate a $60 million, 900,000-sq.-ft. distribution center, encompassing approximately 140 acres in the Barstow Industrial Park. The company announced that 500 full-time jobs, providing competitive wages, initially will be created and that number could grow to 700 within the first three years of operation. The City of Barstow has always contended that the Wal-Mart Distribution Center project complies with all laws, including the CEQA, in preparing their environmental impact report for the project