"Wal-Mart and the city vigorously reject the claim," she said.
Cory Briggs, attorney for the homeowners group opposed to the project, is asking the city and Wal-Mart to pay him $487,683.
The city has not had to absorb the legal costs associated with defending the lawsuit against the supercenter. Instead, it has been reimbursed by the retailer.
The agreement between the city and Wal-Mart indicated the chain would pay for any legal costs associated with the project
As of June 2009, the city had been paid more than $382,000 in legal costs.
In their latest appeal, residents had raised concerns about the turning radius available for southbound trucks on Mountain Avenue negotiating a right-hand turn onto narrow Fifth Street.
In the recent months leading up to the final approval, Wal-Mart came up with an alternative route that would funnel delivery trucks into an entrance on Mountain Avenue just above the gas station.
Briggs said members of the association were pleased that they were responsible for forcing the city and Wal-Mart to make "this tremendous safety improvement."
"The chance of Wal-Mart's big rigs killing kids at Anthony Mu oz park was cut in half thanks to OMVA," he said. "OMVA's goal was always improving the supercenter's safety and compatibility with the surrounding neighborhood."
For Oulette, the judge's ruling earlier this month brings some closure for the city.
"We are very excited that this project will go forward," she said. "The lawsuit has always been about the environmental review. The proposed project has been review numerous times by numerous judges."
Now that the project has been approved, Wal-Mart officials will soon meet with Ontario's planning staffers to decide how best to proceed, Garcia said.
"Currently, we're working with the city to pull the permits," she said. "We don't have specific time."
Despite the lengthy battle, Garcia said the discount chain remained committed to the Ontario location.
"We're happy to be able to proceed," she said. "The community has been waiting for many years and are ready for the savings that Wal-Mart brings. It's all about serving the customers closer to home."
But the issue involving Wal-Mart has not been completely settled.
In June, Briggs filed another lawsuit, this time only against the city because he said they failed "to turn over documents that OMVA needed to fully inform the City Council about the remaining problems with the supercenter."
Briggs said the suit is in the early stages and is not sure when it will go to trial.
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