A correspondent in Georgia tells us this week that one of the Cherokee County, Georgia Commissioners has written his constituents with the following “good news/bad news” scenario: “Big Box” Ordinance — First the good news. We unanimously passed my proposed ordinance prohibiting stores over 80,000 square feet on 2-lane roads or within ?? mile of schools. Now the bad… .Wal-Mart filed preliminary plans for their Hickory
Flat site on Monday, the day before the ordinance was enacted. They’ve also written to us attesting that they’ve spent many thousands of dollars based on reliance on
the old ordinances. They’re building a case that they have vested rights and must be “grandfathered”. I intend to fight that, but it will be tough. Of course, the ordinance isn’t just about Wal-Mart or Hickory Flat. I’d hate to lose that specific fight, but there would still be value in the
ordinance for other locations.”
Residents write that they are pleased with this size cap ordinance, but want to fight the Wal-Mart being grandfathered. Residents will need to retain a land use attorney to take this case to court if the city or county decide to give Wal-Mart vested rights. In the meantime, Hickory Flat adds its name to the growing list of commuities capping the size of retail stores. Search Newsflash by “cap” for earlier stories
