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Hernando Today

Barclay Avenue Wal-Mart In Limbo

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By MICHAEL D. BATES

Published: December 26, 2007

BROOKSVILLE - BROOKSVILLE - A Wal-Mart Supercenter proposed for Barclay Avenue is in limbo because a mediator was unable to reach agreement between the retailer, landowner and county.

And, at least for now, Wal-Mart has not initiated any further proceedings.

"The mediation ended in an impasse," Assistant County Attorney Jon Jouben said Wednesday.

But that doesn't mean the saga is ended.

A special master hearing will take place at a date to be determined. During that hearing, Tallahassee attorney Carlos Alvarez will conduct an independent assessment of the dispute, hearing from all three stakeholders.

Any decision Alvarez makes will be legally nonbinding.

The store is proposed for the east side of Barclay Avenue, between Suncoast Villa Apartments and the Publix-anchored Barclay Square at the corner of Spring Hill Drive.

In May, after county commissioners rejected Wal-Mart's plans to build its newest supercenter almost directly across from Pristine Place, the retail juggernaut asked for a mediator to resolve the matter.

No agreement was reached, Jouben said.

In denying Wal-Mart, commissioners said the store would create too much traffic along Barclay and create potential safety problems at nearby schools and subdivisions.

Attorney David Theriaque, representing Wal-Mart, maintained his client received an unfair hearing because of comments made by Commissioners David Russell and Chris Kingsley at a previous meeting.

Theriaque cited a Hernando Today article where Russell and Kingsley indicated they would vote against the proposed Wal-Mart.

Such comments made before an official vote violated the rules on quasi-judicial proceedings, which prohibit making pre-conceived judgments, according to Theriaque.

Reporter Michael D. Bates can be reached at 352-544-5290 or mbates@hernandotoday.com.

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