Mixed ruling in West Dundee Walmart case

An appellate court has found the village of West Dundee acted appropriately when it rezoned property for a new Walmart near Spring Hill Mall. But at the same time, the court is giving the seven plaintiffs the opportunity to bring the case back to Kane County Circuit Court, which the court of appeals said “abused its discretion” by dismissing the suit without giving plaintiffs the chance to amend their claim.

The order, filed Jan. 28, says the seven plaintiffs living within 1,200 feet of the planned Walmart, did not prove it would hurt their property values, bring noise pollution or otherwise affect their quality of life, points they would get into if they choose to refile. They sued to keep the project from ever materializing.

It is not known whether they will take that course of action.

“I don’t have a statement at this time,” said Lisa Geisler, one of the plaintiffs said via e-mail. “I’ll contact you when I do.”

West Dundee officials, meanwhile, hail the order as a victory.

“It validates all the village’s actions in terms of rezoning property,” Village Manager Joe Cavallaro said. “The only thing (plaintiffs) have to argue is more specificity as to why it’s inappropriate — which is what they’ve never said.”

Walmart doesn’t know where this leaves the company.

“Walmart is proud to be recognized as a  leader in sustainability, corporate philanthropy and employment opportunity and we look forward to having the opportunity to serve the West Dundee Community,” spokesman Daniel Morales said in a statement. “We cannot speculate on possible legal actions.”