Big box ban appeal denied

The California Supreme Court refused Wal-Mart’s appeal of a ban on certain types of big box stores in Turlock, according to the Chronicle.  Wal-Mart was appealing an appeals court decision that said, "While zoning ordinances may not legitimately be used to control economic competition, they may be used to address the urban/suburban decay."

The April 5 ruling by the Court of Appeal in Fresno upheld an ordinance enacted in 2004 by Turlock (Stanislaus County) that was backed by neighborhood supermarkets and labor unions. The court, setting a statewide precedent, said local governments can enact such restrictions to prevent the collapse of local businesses and resulting urban blight.

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Turlock has a Wal-Mart store but responded to the company’s plans for a supercenter by passing the ordinance in 2004. Without mentioning Wal-Mart, the law prohibits any retail store larger than 100,000 feet that devotes more than 5 percent of its space to nontaxable items such as groceries. The City Council said the purpose was to preserve neighborhood shopping centers.