Court clears Wal-Mart at St. Thomas site
By AP
2006-09-19 6:24 AM CST
NEW ORLEANS (AP) - The federal and city governments did all the studies they needed to redevelop a New Orleans housing project in a historic area into a 200,000-square-foot Wal-Mart store and some housing, a federal appeals court ruled Monday.
Noting that much of the project - including the Wal-Mart, which opened in late 2004 - have been completed, the 5th Circuit said the case was still open because work had not begun on rehabilitating five of the development's original buildings when Hurricane Katrina hit.
And, it noted, the plaintiffs "challenge far more than the building demolition."
The court found that none of HUD's decisions or studies was arbitrary or capricious.
Among other things, challengers contended that a study was needed because it would "demolish, convert or substantially rehabilitate 2,500 or more existing units." The court accepted HUD's argument that it was demolishing or rehabilitating 1,510, and building 1,282.
It also rejected environmental justice claims.
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