Selig: Lawsuit Will Delay Walmart Construction

Good Growth DeKalb's lawsuit against DeKalb County over the construction of a Walmart Supercenter in Suburban Plaza will delay the project's start, the North Decatur shopping center's management said Tuesday.

The lawsuit, which focuses on the county's issuance of a construction permit to Walmart in January, must be resolved before Selig Enterprises – which owns the shopping center – and Walmart can begin construction, said Scott Selig, the company's vice president.

“I believe that you can still possibly move forward but you do so at your own risk," he said. "So, the reality is that, yes, this needs to play out before we move forward."

The lawsuit also will also likely delay redevelopment of the larger shopping center, he said.

Selig declined to say which tenants are currently interested in joining the redeveloped Suburban Plaza, but company officials have said interest has always been linked to Walmart's presence and the foot traffic it would create.

Regardless, no leases have been finalized, he said.

"The only thing [the lawsuit] would effect is the timetable," Selig said.

The suit, filed last week in DeKalb County Superior Court, contends that the county violated its own ordinances when it heard the Good Growth DeKalb's administrative appeal of the permit issuance in January with the Zoning Board of Appeals rather than the Technical Board of Appeals, which Good Growth DeKalb claims is required by county law. The county does not currently have a Technical Board of Appeals.

At the February hearing, attorneys with Good Growth DeKalb also said county ordinances related to trucking, trees and hydrology were not followed when the permit was issued for the large retail store.

County attorneys disagreed and said those issues were covered under the project's land disturbance permit, which the Zoning Board of Appeals has dominion over and ruled correctly on.

Selig Enterprises agrees with the county, and Selig said he hopes the lawsuit ends quickly.

“There are a lot of people who want this development to happen. We want it to happen," he said. "When this is done and the entire center is renovated, this is going to be a great amenity for this area."

Previous Patch stories about the proposed Walmart and renovation of Suburban Plaza.

• Good Growth DeKalb Loses Challenge to Block Walmart
• Good Growth DeKalb Explains Local Walmart Support Claims
• Anti-Walmart Group Marches from Suburban Plaza to Downtown Decatur
• Anti-Walmart Attorney: 'This Is a War for Your Community'
• Anti-Walmart Group Hires Attorneys to Investigate Suit Against Retailer