Foes of a Wal-Mart Supercenter have sued Rohnert Park, challenging the City Council's approval in August of the company's application to expand in its Redwood Drive location.
In the lawsuit, the Sierra Club and Sonoma County Conservation Action argue that the council's decision effectively violated the land use policies outlined in the city's general plan, which calls for encouraging supermarkets to be “close to where people live.”
The general plan is “essentially a legally binding document, it's almost like a constitution for the city, and the City Council doesn't have the right to abrogate it,” said Rick Luttmann, a Sonoma State University professor and a Sonoma County Conservation Action member.
The suit, filed in Sonoma County Superior Court, also charges that the council decided incorrectly that the project's environmental impacts were offset by its benefits.
The council's decision, on a 4-1 vote with Councilman Jake Mackenzie opposed, overturned an earlier unanimous vote in which the city's Planning Commissioner rejected the application.
“We felt that the Planning Commission was on the right track when they denied the project,” said Denny Rosatti, executive director of Sonoma County Conservation Action, an environmental advocacy group.
“We just feel that the City Council did not do the citizenry justice,” Rosatti said. “So we're going to take it to the courts and see if they agree with us, we feel pretty confident that we feel our case is strong.”
Wal-Mart, which has been in Rohnert Park at its present location for close to 20 years, wants to add a 32,000 square foot grocery.
Lawyers for the city did not respond to phone calls seeking comment Wednesday. But Vice-Mayor Gina Belforte said she wasn't surprised.
“It was anticipated only from the standpoint that someone had e-mailed me before we even voted saying there would be one if we didn't vote to uphold the Planning Commission's decision,” she said.