Friends of Grays Harbor v. City of Aberdeen and Walmart Real Estate Business Trust
Appeal of Revised Shoreline Substantial Development Permit issued to Walmart Real Estate Business Trust
Wal-Mart applied to construct an expansion of its existing store in the City of Aberdeen. Because portions of the proposed construction would be located within 200 feet of the ordinary high water mark of the Chehalis and/or Wishkah Rivers, both shorelines of statewide significance, the City required Wal-Mart to obtain a shoreline substantial development permit (SSDP). The City approved Wal-Mart’s application for a SSDP and FOGH, a non-profit volunteer organization, appealed the SSDP to this Board. That case went through motion practice and an evidentiary hearing, and the Board entered an order remanding the permit to the City for design modifications consistent with its opinion. The Board ordered that the City require Wal-Mart to (1) dedicate public access to the pedestrian trail to the City; and (2) submit an engineered plan, at the time of building permit approval, addressing collection and treatment of operational stormwater. The Board affirmed the SSDP in all other respects. Friends of Grays Harbor v. City of Aberdeen & Wal-Mart Real Estate Business Trust, SHB No. 11-005, FF 1,4,8,9, CL 12 (August 19, 2011)(Wal-Mart 1)
In response to the Board’s Order, Wal-Mart made several modifications to its proposal which were reviewed and approved by the City. The City then approved the modified SSDP, and FOGH again appealed to this Board. The City and Wal-Mart moved for summary judgment. The Board concluded that the modified project, as approved by the City, complied with Wal-Mart I. The Board also concluded that Wal-Mart had not improperly expanded the scope of the project. The Board granted summary judgment to the respondents, and dismissed the appeal.