City Loses Ruling on Wal-Mart Access
A judge denied Simi Valley’s request Wednesday to use the power of eminent domain to seize private property that would provide access for a soon-to-be-built Wal-Mart store in the city’s east end.
Superior Court Judge Ken W. Riley denied the city’s application to seize a 1.3-acre parcel from James Basile of Newbury Park on the grounds that Basile’s rights under the due process clause of the 14th Amendment had been violated.
In his written ruling, Riley said the city failed to notify Basile by mail or other means about its intent to adopt an environmental review of a planned extension of Cochran Street that would include his property.
The City Council voted last month to seize the property to extend Cochran Street and provide access to Simi at the Plaza, a 308,000-square-foot development that will house Wal-Mart and a Home Depot.
Barry Ross, the attorney representing the city, declined to specify the city’s next move.
Deputy City Manager Brian Gabler said officials are studying the problem and will make a decision in the next few weeks.
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