Chelan judge remands permits for Wal-Mart

A controversial Wal-Mart Supercenter in Chelan is scheduled to open Monday, but will it?

Chelan County Superior Court Judge Lesley A. Allan on Thursday remanded building permits used to erect the 161,000-square-foot structure in the scenic tourist town by the lake. She also ordered the city of Chelan to take steps within 10 days to address her finding that the permits are not valid.

Meanwhile, Wal-Mart insists that the grand opening is on.

"Our plans remain on track for opening our store on Monday, and we look forward to serving our customers," company spokesman David Tovar said from Wal-Mart headquarters in Bentonville, Ark. "Beyond that we are not going to comment or speculate."

Opponents of the store say the town's ordinance does not allow it to let the store open without valid permits.

"We are looking at whether they can open, and if they are insistent that they are going to, we may be back in court," said David Mann, attorney for Defenders of Small Town Chelan.

The group of store opponents includes both local residents and out-of-towners with vacation homes, who brought suit against the world's largest retailer, making national news last month when the judge agreed the permits were invalid.

At issue is the town's zoning code, which opponents contend limits buildings erected on the site of the Supercenter to 50,000 square feet. Now the city must decide how to deal with the store, which last month secured a temporary occupancy permit to allow employees to finish construction and stock the shelves. About 250 employees work at the store, which would usher in a new era of big-box retailing in this quiet town of mostly independent, family-run businesses.

The store has divided the town between critics who fear it will drain dollars from main street and kill Chelan's small-town feel and people eager for the bargains and convenience of a Wal-Mart.

Town officials declined to comment Thursday on what they might do to address the court order. Options include changing the underlying zoning code and yanking the temporary occupancy permit.

Laurel Jamtgaard, spokeswoman for Defenders of Small Town Chelan, said she was glad for the judge's ruling: "The city is required under the city code to take action and not allow a building to just sit there without a valid building permit."

Lynda V. Mapes: 206-464-2736 or lmapes@seattletimes.com