The lawsuit, filed last week in Maricopa County Superior Court by Diane Burnett, challenges city attorney James Oesser's opinion that Goodyear City Council made an "administrative" decision when it approved a development agreement allowing the retail giant to build a supercenter on the southwest corner of the Estrella Parkway and Interstate 10. Burnett collected more than 250 signatures asking officials to put the Wal-Mart development decision on a referendum ballot.

The court challenge comes on the heels of a victory for Scottsdale voters who last month won court approval to put a question on the March ballot concerning the city's decision to subsidize the development of the long vacant Los Arcos Mall at Scottsdale and McDowell roads. Wal-Mart also has faced citizen opposition in Chandler and Peoria.

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