posted July 7, 2003
) Photo by Wesley Schultz Court injunction has bulldozers temporarily idled at site of Brainerd Wal-Mart. Click to enlarge. |
Chancellor Howell Peoples, who signed the injunction, set a hearing for July 15 at 9 a.m.
The Tennessee Environmental Council and the Coalition For Responsible Progress lodged the court action.
The complaint, filed Monday morning by the Grant, Konvalinka law firm, said preliminary work at the site behind Brainerd Village shopping center has already damaged nearby wetlands.
The suit says the work thus far has already extended into or is at the boundaries of certain protected wetland areas.
It says there have been discharges of sediments or pollutants into the protected areas near the Brainerd Levee and South Chickamauga Creek.
Those sued are Bright Par 3 Associates, the Corker Group, Osborne Building Corporation, DBS Corporation, Stein Construction Company and Wal-Mart.
TEC is a non-profit corporation headquartered in Nashville and headed by Will Callaway, a former Chattanooga resident who ran for Congress here.
CRP is "an organization of citizens and public interest groups working to address the detrimental impact of development on health and the environment" here.
The suit says the property has a commercial zoning, but it says it is adjacent to a wetland and conservation area protected under state and federal law.
It says the plaintiffs, when they heard that the Wal-Mart was to be built, tried to contact the builders. It says the defendants refused to address the environmental issues and hastily started the project.
TEC then filed a complaint with the state Department of Environment and Conservation for alleged violations of the state Water Quality Control Act.
It says the plaintiffs are in the process of administratively challenging the project, but it said that "given the damage that is already occurred and continuing to mount to the protected areas as each day passes, it is averred that irreparable harm will occur to the protected areas unless the injunctive relief sought herein is immediately granted by this Court."
A full hearing was requested.
) Photo by Wesley Schultz Permit |
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