Redevelopment of the site of the long-vacant former Fedco store at Highland Avenue and Plaza Boulevard had met with many delays. Three National City residents filed the lawsuit last summer, contending the city failed to conduct adequate environmental reviews.
The suit also alleged city procedural errors and violations of the Brown Act, California's law requiring government business to be conducted in open public meetings. The city denied the allegations and asked for a summary judgment. On Jan. 18, part of the city's request was granted. However, Super Kmart has since pulled out, making the lawsuit moot.
Wal-Mart purchased the property from the owners and plans to demolish the old Fedco store and build a 138,000-sf store expected to open next year.
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