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Opponents win one round in Wal-Mart battle

Tuesday, March 27, 2007 12:02 AM PDT

By Leila Summers

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WOODLAND -- Opponents of a proposed Wal-Mart SuperCenter won an appeal that will delay but probably not kill the project.

A hearing examiner ruled that Wal-Mart must await conclusion of a state traffic study for the Woodland area that isn't expected to be finished for 18 months.

Examiner Irv Berteig also said Wal-Mart has to solve chronic flooding problems near the Dike Access Road exit under Interstate 5.

Berteig's rulings were response to appeals filed last year by Woodlanders Against the Wal, an opposition group represented by Vancouver lawyer John Karpinski.

"Basically every problem we put forth, the hearing examiner said Wal-Mart needs to fix," Karpinski said. "We don't think they're gonna fix it."

With "90 percent" of his requests granted, Karpinski considers Monday's report a success.

However, the group didn't win its two biggest demands: that Wal-Mart conduct a full environment impact study or be forced to abandon construction altogether.

A Wal-Mart spokeswoman said Monday afternoon that the company is still reviewing the report and declined to comment further.

"Right now we're looking at these modifications and looking at how that impacts the project," spokeswoman Jennifer Holder said.

During the appeal process, Wal-Mart opponents argued heavily on traffic problems the store could create around the I-5 interchange. Industry and Port of Woodland representatives said their businesses need easy access to the freeway, without traveling through downtown Woodland.

To manage traffic flow, Wal-Mart proposed installing one or two roundabouts by interstate off-ramps.

Berteig ruled Monday that if Wal-Mart proceeds with construction, the roundabouts must accommodate the largest heavy-haul trucks expected to use the interchange.

Darlene Johnson, who owns Woodland Truck Line located off the Dike Access Road interchange, said roundabouts there would hurt her business flow.

"They shouldn't have planned anything that would make it more difficult for businesses already here now," she said.

Wal-Mart has the option of appealing the hearing examiner's report, complying with its requests or abandoning the project, Karpinski said.

"This could be the end, this could be round one," Karpinski said.

He suspects Wal-Mart is unhappy with the additional costs Berteig's requests will likely incur, such as fixing flood and draining issues at the freeway interchange.

Also noteworthy is the delay Berteig instilled on the project, Karpinski said. Postponing a project for more than a year probably isn't sitting well with his opponents, he said.

"Most developers are not hot to do that," he said.

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