Developer files lawsuit over proposed Walmart - FOX 13 News

Developer files lawsuit over proposed Walmart

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TAMPA (FOX 13) -

It's a stretch of Dale Mabry Highway that has had its share of businesses and strip malls. But when Walmart decided they wanted to join the group at the undeveloped intersection of Dale Mabry and Floyd Road in Carrollwood, the community said "no way."

"Maybe one more is one too many," said Richard Nielsen who lives down the street from the proposed site.

They argued that the increase in traffic would change the complexity of the community and make it unsafe, and they mobilized.

A group called 813CARe got together and picketed and protested, and eventually got their way.

Last month, Hillsborough County commissioners voted "no" to re-zoning the area for Walmart.

The intersection is actually zoned for smaller commercial use, and would have had to be rezoned for the larger Walmart to move in.

The commission voted "no," despite zoning officials recommending they approve the move.

Wednesday, the developer who owns the land struck back. Brightwork Acquisitions sued the county commission over its decision.

The move was not unexpected.

"The only surprise is that it took so long for it to be filed," said Hillsborough County Commission Chairman Ken Hagan. "Our county attorney advised us during the process that this would be a likely outcome if we denied the application."

Greg Scott also wasn't surprised. He's a member of 813CARe who says there's one thing that bothers him about the suit.

"They repeatedly called us the ‘Stop Walmart' group, and that's certainly not the case," he said.

Scott said it could have been any business looking to move in. Despite the lawsuit, Scott and his neighbors aren't backing down, and neither is the county.

"We're gonna vigorously defend the suit, and after speaking to our county attorney this morning, I'm confident the county will prevail in this litigation," Hagan said.

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