A judge has finally ruled on whether developer Jeff Davis can build a Walmart in a cornfield next to an organic farm in St. Albans Town. Judge Tom Durkin gave Davis the go-ahead, affirming the Act 250 permit awarded in April of 2008, according to an article by Michelle Monroe in the January 22 St. Albans Messenger.

It’s not quite a simple yes/no decision. The Vermont Natural Resources Council — in consultation with co-appellants Northwest Citizens for Responsible Growth (which has caught most of the local heat by the “give-us-our-Walmart-NOW” crowd) and farm owners Marie Frey and Richard Hudak — has 30 days to file an appeal. And there are side agreements on traffic issues and stormwater runoff mitigation measures.

Plus there are major bribes incentives of up to $400,000 for St. Albans City to be paid by developer Davis if construction meets certain deadlines (meaning no further delay fostered by any city entity).

One other interesting point. The developer, Jeff Davis, had filed a post-trial motion to deny/dismiss the affected/interested party-status of several groups. Judge Durkin denied the motion, noting:

“But for VNRC’s efforts to protect its particularized interests and those of its co-appellants, it is unlikely that the pending application would include the applicable revisions to stormwater treatment, traffic mitigation and economic impact JLD presented at trial. VNRC’s participation… resulted in an approved project that is unlikely to cause the adverse impacts once feared.”

Whether or not you agree with that last conclusion (“unlikely to cause the adverse impacts once feared”), the point is that the judge recognized the value of having a process that included the public and advocacy groups.

Something to think about every time some developer/Republican starts bloviating about “streamlining the process,” or amending Act 250 to prevent public input.