Court Upholds Walmart Decision
The Town of Lockport has received a favorable decision regarding the plan to construct a new Walmart Supercenter. The Fourth Department of the Appellate Division of State Supreme Court ruled October 2, 2009, denying a request for a re-hearing on a portion of the previous lawsuit from "Lockport Smart Growth", a citizens' group, against the Town and Walmart and/or referral of one of its claims to the State Court of Appeals.
Walmart's proposal to construct a 185,000 square foot Supercenter has been delayed pending a resolution of the lawsuit filed by the citizens' group, which consists primarily of homeowners from the neighborhood near the Walmart site. The former 400,000 square foot Lockport Mall, which has been vacant for two years, is scheduled to be demolished, except for the BonTon Department Store, which will be renovated and remain on its current site.
Lockport Smart Growth will have 30 days upon receipt of the written decision to file for a hearing. Provided that there is no further litigation on the matter, a Spring 2010 start of construction is expected.