UPDATE: Ontario residents file appeal in Wal-Mart case

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UPDATE: The residents filed their appeal on Friday. At the end of the story is the link to their appeal.


An appeal filed by residents opposed to a Wal-Mart Supercenter could add another six months to their legal battle with the city.

Ontario Mountain Village Association members have opposed the city's decision to allow the 24-hour discount store at Mountain Avenue and Fifth Street.

A San Bernardino County Superior Court judge in July sided with the city on a majority of issues. The judge ruled the environmental report was sufficient and addressed any health threats.

The residents' attorney, Cory Briggs, said he has filed an appeal with the 4th state District Appellate Court in Riverside.

"We haven't yet decided which arguments to present to the appellate court," Briggs said. "We'll do that over the next few weeks."

Attorney Michelle Ouellette, who represents the city, said the appeal could add another six to eight months to the legal process.

City attorneys are waiting for Briggs to present his opening statements to the appellate court and will then file a response. Ouellette said she expects the statement to be submitted at the end of January.

Ouellette contends the "appeals court will affirm that decision" because the Superior Court judge was elaborate in siding with the city.

The judge did order the city to conduct a new supplemental environment report on the project's impact to safety at Mountain Avenue and Fifth Street. Ouellette said the city is working on the report but does not know when it will be completed.

Wal-Mart and city officials have been entangled in a legal battle with the residents since the City Council approved the project in 2007.


Opening_Brief_FINAL.pdf


19 Comments

carlos alburjas said:

I like to see a new super wall mart,it will create jobs and revenews for the City of Ontaio.
PS
The sooner the bether

a concerned parent said:

I like the idea od the wall mart because the more jogs it brings in the happier people will be and maybe the young people of the community would see that the city and the residents can work together to bring more jobs and less open spaces for the kids to get into troble at

Wirklich cool! Ich hab mir den Blog sogleich mal abonniert.

Matt said:

This is for all you Walmart haters out there. Why does Walmart get run out of town while Target moves into wherever it wants.

What is the big difference between Target and Walmart? What a bunch of snobs. Target's shelves are always empty, they only carry "Disney Approved" music and games, and the entrance is deliberately placed all the way in the corner. What happens when the baby boomers get old? You think they are going to want to walk all over this huge store footprint?

Target is designed like a casino forcing you to walk through the whole thing before you get to the milk which is a couple blocks away.

Target sucks and is no better than Walmart. These stores should both stop wasting our open space on these one story box stores with oceans of parking. They should consider a two level approach with a parking structure, leaving room for a plaza, a parkway, and a restaurant.

This would make these shopping centers interesting for pedestrian shoppers instead of dangerous and uninviting. The big box approach to retail will fizzle out and die like a 1960's shopping mall, even in the burbs.

Build a Super Walmart but build it right. Come on Ontario, I know you can force them to design a more urban walmart plaza or court, a Super Walmart that would make the Chaffey brothers proud...LOL.

I've seen the more urban walmarts. They are much better than a crappy old one story Walmart. They don't waste land! (under-utilization).

The Rancho Cucamonga Walmart is no different from many walmarts I've seen except instead of having Mc Donalds fast food in the parking lot there is a Claim Jumper Restaurant. This is a better restaurant choice which draws larger more diverse crowds to the center while also attracting more affluent shoppers.

Rancho Walmart w/ Claim Jumper
More Affluent ($$ / $$$$$)

instead of

Upland Walmart w/ Mc Donalds
Less Affluent ($ / $$$$$).

madmilker said:

Remember what Lance Winslow wrote in tat article "The Flow of Trade in a Global Economy"....dang! better yet...jus take the time and read tis ...."Now let us look at Wal-Mart again; you buy a product there, 6% goes to the employees, 10-18% is profit to the company, 25% goes to other costs and 50% goes to re-stock or the cost of goods sold. Of the 50% about 20-25% goes to China, a guess, but you get the point. Now then, how long will it take at 433 Billion dollars at year for China to have all of our money, leaving no money flow for us to circulate? At a 17 Trillion dollar economy less than 40-years minus the 1/6 they buy from us. Some say that if we keep putting money into our economy, it would take forever, but if we do not then eventually all the money flow will go. If China buys our debt then eventually they own us, no need to worry about a war, they are buying America, due in part to our own mismanaged trade, so whose fault is that? Not necessarily China, as they are doing what's in the best interests, and we should make sure that trade is not only free, but fair too."

Also, think for a moment about George Washington....yes the man tat is on the US dollar bill.... "Washington had been reelected unanimously in 1792. His decision not to seek a third term established a tradition that is now embedded in the 22d Amendment of the Constitution.

Take the time to read his farewell address after only eight years of serving his country and than ask yourself tis....How do you think George feels being sent overseas in return for all tat foreign so-call cheap items and being left in a foreign bank because the American worker doesn't make anythig for the foreigners to buy. Cheap items didn't make tis great union of 57...oops! 50 states the greatest place on the face of tis Earth.....the American worker (union and non-union) did.

You can't have a strong country without having a strong currency and you can't have a strong currency unless you keep it floating around within your 50 states. Tis is why the store with the star in the name puts 95% China made items in their stores in China....to keep their "yuan" in their country helping the nice people there. And with only 5% left for all the other 182 country's tat make stuff including the United States of America....tat doesn't produce very many jobs outside of China.

Being an old person myself and knowing how it wus back in the 40's, 50's and 60's in tis union of 50 states....I look at George each time I pull him out of my billfold and make a promise to send him out for items made in America so after floating around helping each hand he touches jus maybe one day he will shake mine again.

and don't forget bout those 15 cargo ships tat pollute as much as 760 million automobiles and the fact tat Wal*Mart puts 95% China made in all their stores in China....tat doesn't show much when it comes to supporting jobs in other countries.

"Wal-Mart firmly believes in local procurement. We recognize that by purchasing quality products, we can generate more job opportunities, support local manufacturing and boost economic development. Over 95% of the merchandise in our stores in China is sourced locally. We have established partnerships with nearly 20,000 suppliers in China."

Think about your country first....not so-call cheap foreign....cause in the USA it cost $9 billion a year in hidden taxes jus to clean the dang fish from ballast tanks of ships....

Cheap Ain't Chic!

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Weak Eyes said:

Great post!

Please support the group banning a walmart, i believe the site should be used to benefit the community not benefit a company that slaves and pays mediocre pay to the people that work with in its confines, jobs are needed, but we need to create jobs where someone can grow and prosper not rott away for a couple measly dollars.

TURN IT INTO A DMV, perhaps.

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Liset Márquez has covered the city of Ontario for the Inland Valley Daily Bulletin since 2008. She started the OntarioNow blog in August 2008. To contact Liset, leave a comment on this blog or send an e-mail to Liset Marquez

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