business news in context, analysis with attitude

The Tucson Citizen reports that a Pima County Superior Court judge has tossed out a Wal-Mart lawsuit against the city looking to overturn a 1999 law that requires an extensive review process for stores larger than 100,000 square feet and limit the grocery area to 10 percent of the building.

Wal-Mart had challenged the law, trying to force a referendum and then filing a lawsuit - and both efforts failed. The judge actually threw out the lawsuit because he said Wal-Mart couldn’t prove that it had been harmed by the law, since it hadn't even applied to go through a review.

Home Depot, on the other hand, complied with the law, got approval, and then built a store.

"We are disappointed that the shopping choices of the residents of Tucson have been limited," said Wal-Mart spokesman Pete Kanelos, "and that they are not afforded the same opportunity citizens of other communities have regarding shopping choices." Kanelos noted that Wal-Mart took the litigation route because "we are opposed to any type of legislation or ordinance that restricts consumer choice. And that's simply what this does."

Kanelos added, "We are reviewing all of our options in our effort to allow Tucson citizens to shop in the store of their choice without restrictions."
KC's View:
Gee, y'think maybe the best option would be to actually comply with the law?

It doesn’t sound all that difficult or onerous to us.