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Duluth Wal-Mart debate, lawsuits dropped

The Atlanta Journal-Constitution

Thursday, September 11, 2008

The debate over Wal-Mart in Duluth is over, and now so are the lawsuits. Landowner Jack Bandy has dropped two lawsuits challenging how city officials handled actions surrounding his quest to sell 27 acres on Peachtree Industrial Boulevard for a new Wal-Mart store.

Court records don’t indicate why Bandy’s lawyers asked that the lawsuits be dismissed Sept. 5 in such a way that could allow them to refile later, and Bandy’s lawyers did not immediately return a telephone message seeking comment Thursday.

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One lawsuit claimed a temporary zoning moratorium that affected Wal-Mart was illegal. The other involved questions over zoning technicalities requested by Wal-Mart.

In January, the city approved many of the variances the retailer had requested, but by May Wal-Mart had decided to pull out of the deal and not build a store.

Duluth City Attorney Lee Thompson said he learned of the dismissal last week, and believes it fully ended a dispute that months ago was drawing headlines and leaving City Hall packed with residents seething over the proposal.

“There’s nothing pending now,” Thompson said.

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