First Court Hearing in North Decatur Walmart Suit Friday

The first hearing in Good Growth DeKalb's lawsuit against Walmart and Selig Enterprises over the construction of a new super store in North Decatur is Friday, and the local advocacy group plans to protest.

Here's a statement the group released Monday:

DECATUR, GA – On Friday, August 9, Good Growth DeKalb will rally in front of DeKalb County Courthouse in advance of the first hearing in its lawsuit to force the county to comply with its own laws, and give Good Growth DeKalb’s appeal of the building permit for the Walmart Supercenter at Suburban Plaza a proper hearing.  Good Growth DeKalb will rally on Friday, August 9, 2013 from 12 – 1 p.m. in front of DeKalb County Courthouse, 556 N. McDonough Street, Decatur 30030.  The court hearing is scheduled for 1:30 p.m.

Good Growth DeKalb filed an internal DeKalb County administrative appeal on January 9, 2013, contending that truck, tree and hydrology ordinances were not followed in granting the building permit for the Walmart Supercenter. This appeal was directed to the County Technical Board of Appeals, as required by County law.  However, the County assigned the appeal to the Zoning Board of Appeals, which did not have authority to hear the matter.  In its lawsuit, Good Growth DeKalb contends that this appeal was erroneously heard by the Zoning Board of Appeals on February 13, where it was acted on and denied in a room filled with Good Growth DeKalb supporters. The petition filed in Superior Court on March 15 contends that the Zoning Board of Appeals should not have acted, as it had no authority to do so.

Good Growth DeKalb is a group of DeKalb County residents dedicated to ensuring the healthy and sustainable development of their communities.  The organization began in January of 2012 in response to Selig Enterprises announcing plans to build a 149,000 sq. foot Walmart Supercenter at the 6-way intersection of Scott Boulevard, N. Decatur and Medlock Roads.  Through extensive canvassing and community meetings, the organization has determined that at least 75% of residents in the area oppose this development.

With its high traffic density and visible location, Good Growth DeKalb believes that Suburban Plaza serves as gateway to Decatur, where smart development of unique local business has benefited the community and sets Decatur apart from other communities around Atlanta.  Of primary concern in the plans for the Walmart Supercenter is the exit-routing of all delivery trucks, including daily tractor semi-trailers, onto tiny Medlock Road, which is designated as a truck-restricted county road.

Good Growth DeKalb asserts that the County must follow its own ordinances, listen to the vast majority of neighborhood residents who oppose this development, and develop a long-range development plan for the County that promotes truly sustainable growth-- as opposed to outdated big box development which worsens traffic, destroys neighborhoods, and overtaxes infrastructure.

Read also:

• Good Growth DeKalb Sues County Over Walmart Permit
• Anti-Walmart Attorney: 'This Is a War for Your Community'