Wal-Mart last year had proposed to build a super center northeast of the intersection of Greenfield and McKellips roads, and the city council had approved rezoning of the parcel for retail, clearing the way for it to be build.

However, angry residents took to the streets and gathered enough petition signatures to force the issue on the ballot in March 2002, which put a halt to any development plans for the time being. Wal-Mart appealed on the grounds that the petition didn't contain a legal description of the property and that a number of the people who circulated petitions weren't Mesa residents and, in fact, were paid by a union. But the court rejected both those appeals.

Now, Wal-Mart is expected to drop any further court challenges and wait until next March for the election before proceeding.

A number of cities in Arizona, including Chandler, Tucson and Scottsdale, have turned on building of more giant retail centers in their midst. Several cities are looking into adopting zoning restrictions that would limit the size of the stores, where they could be built and their hours of operation.

In 1999, the Chandler City Council rejected a Wal-Mart proposal for a superstore northeast of the intersection of Alma School and Queen Creek roads, near the upscale residential community of Ocotillo. No action has been taken on that case since last summer when a judge issued a partial summary judgment in favor of the city.

Instant Insights /

Court Rejects Wal-Mart Appeal for Superstore in Mesa

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