Activists with Moon First -- a group concerned about the mega-retailer's plans for the mostly empty West Hills Shopping Center -- have filed an appeal against the Moon Board of Supervisors in Allegheny County Common Pleas Court.
Filed Thursday, the appeal says township supervisors erred by reversing their earlier rejection of the Wal-Mart plan last month.
On July 3, supervisors voted 3-2 against Wal-Mart's proposal to build a 148,000-square-foot store, as well as to bring three fast-food restaurants and a drive-thru bank branch to the site.
A week later, however, Supervisors Michael Hopper and James Vitale reversed their votes, saying they didn't understand all aspects of the plan and citing concerns about possible litigation against the township and themselves. Only Supervisor Marv Eicher retained his no vote in the 4-1 tally.
The appeal claims that supervisors' fears of litigation are outside the scope of their job of keeping Wal-Mart accountable to Moon zoning codes. The appeal also questions the decision to allow Wal-Mart to reduce from 40 feet to 10 feet a buffer between the store and residential land behind it on Brodhead Road.
"That's my biggest concern," said appellant Edwin Nelson, a Moon resident for nearly 50 years and a former township supervisor. "If they could build a smaller store, satisfy our traffic concerns and return to the 40-foot buffer, I would not necessarily be opposed to them."
Moon Solicitor Michael Santicola said the supervisors acted in accordance with the law. Because Wal-Mart has submitted only a preliminary plan, he noted, it is too early for such an appeal. The township has until Sept. 3 to reply.
Joining Moon First in the filing is Joseph Dentici, head of the company that runs Kuhn's Quality Foods supermarkets. Kuhn's operates a store next to a Kmart not far from the site of the proposed Wal-Mart. Dentici did not immediately return a phone call seeking comment.
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