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Big box store receives push back from Florida community

Many people would agree that the close proximity of major stores often makes life easier. Throughout the state of Florida big box stores have popped up providing easy access to the goods we all rely upon. That said most homeowners want to enjoy their residential living area and don't want developments containing these retail stores too close.

A Florida community is currently dealing with this now.

A Home Owners Association recently filed a lawsuit against the City Council that among other things approved a Walmart as a part of a new development for a specific parcel property in the community. Prior to taking legal action members of the community lobbied the city council against the store being allowed to come in to no avail. They asserted the store will:

  • Bring too much traffic to the area where it is to be situated
  • Devalue property
  • Contribute to deforestation

In addition to the 44,000-square-foot building, the development contains a strip mall and a gas station. Though the development does not meet the comprehensive plan created for the area legal representation for the development indicates that zoning is what matters and the comprehensive plan would allow zoning for such a building.

How the case will be resolved remains to be seen. Nonetheless this provides a good example of the way in which property owners can protect their legal rights and businesses may assert theirs. Anytime one ventures into the legal system it is a good idea to have a lawyer one trusts on his or her side. Cases involving commercial property disputes are not an exception.

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