Wal-Mart may not take no for answer

Eron Ben-Yehuda

HUNTINGTON BEACH -- Wal-Mart’s developer may legally challenge the will

of the voters if they decide against the controversial project in March,

a City Hall official said.

Attorneys for the Arnel Retail Group informed the City Council during a

closed-session meeting Jan. 3 that they may still pursue a lawsuit

against a resident-sponsored ballot initiative, which aims to rezone the

site on Talbert Avenue by Beach Boulevard, where the retailer plans to

open a 150,000-square-foot complex.

The developer had agreed in October to hold off on the suit so residents

can have their say on the initiative. Rezoning the area from commercial

back to residential may prevent the project from moving forward.

Arnel’s never-say-die posture shocked some council members, who suggested

the lawsuit should be dropped once and for all.

“I don’t know what their corporate thinking is,” City Councilwoman

Shirley Dettloff said.

Representatives for the developer refused to comment.

The suit, filed in August, alleges the petition did not have the correct

attachments and copies of affected legislation. As a result, people who

joined the petition may not have had a clear idea of what they were

signing, the complaint states. Such a “fatal defect” makes the petition

“misleading” and “illegal,” according to the document.

Overturning an election on what he calls a technicality doesn’t make

sense to City Councilman Ralph Bauer, a strong supporter of the project.

But the council can’t force company officials to back down, he said.

“They have to do what they have to do,” he said with resignation.

One of the petition’s organizers, resident Robert Cronk, said he would

not be surprised if Arnel pulled such a stunt.

“It’s an example of big money and big power trying to circumvent the

wishes of the people,” he said.

But Deputy City Atty. Scott Field said lawsuits are often used to

challenge what the voters decide.

“It happens all the time,” he said.