Zionsville Times Sentinel

March 19, 2014

Courts grant Wal-Mart motion to compel

By Matt Werner Times Sentinel Writer
Zionsville Times Sentinel

---- — Wal-Mart gained a victory Wednesday, March 5, when Judge Steve Nation granted the retailer's motion to interview two members of the Zionsville Plan Commission. The major retailer and the commission were at odds over allowing the deposition of Alan Rachles and Steve Mundy, who were members of the commission in 2008 when the project was denied for a second time. The commission first denied the project in 2006, citing a lack of jurisdiction since some of the property is located in Hamilton County. Nation said the commission did have authority and ordered the project to be reconsidered in 2008. It was denied again based on concerns about drainage, setback and traffic. Wal-Mart sued the commission in 2008, claiming the town didn't have a legitimate reason for denying the plan. In an order dated Monday, March 10, Nation granted the retail giant's motion to compel Rachles and Mundy's testimony as part of Wal-Mart's discovery. "The Court finds that at this point the Petitioner has alleged the denial of the application was illegal, and in the pleadings has raised an issue of a bona fide claim of a violation of due process," the order states. "The discovery is to determine if such violation existed." Nation cited the case of Equicor v. Westfield-Washington Township Plan Commission. See Wednesday's Times Sentinel for the full story.