Limiting the hours of big boxes but permitting small stores 24 hour operation may not pass legal muster:Wal-Mart officials Wednesday asked the Dallas County District Court to void the limited business hours contained in the West Des Moines site plan for a proposed superstore.
Ryan Horn, Wal-Mart spokesman, said he hoped the uproar over store hours could be settled before the case goes to trial. The company faces opposition from nearby homeowners who have said traffic and noise from a store open 24 hours a day would disrupt the neighborhood and harm property values.
This week the West Des Moines City Council gave first approval to an ordinance that would limit the hours for big-box retailers, including Wal-Mart. Such stores would be closed from midnight to 6 a.m. daily...
The lawsuit alleges the city exceeded its authority by placing the limited business hours in the site plan. It also says the plan was unconstitutional and the time limit "was an attempt to regulate economic competition contrary to the zoning ordinance purpose of regulating land use."
Posted by Kevin on May, 26 2005 at 09:34 AM
