Who can appeal Walmart approval?

We assume someone will try to appeal the community development director's decision to approve the design review of the Gardnerville Walmart.

Appeals are due 3 p.m. Monday, according to the letter sent to Walmart, which certainly has standing to appeal.

There are a few things Walmart might want to take under consideration before letting the deadline go. But it might be in Walmart's best interest to remain silent, rather than raise an issue and prompt a public hearing.

Who else might appeal?

County code says "any person with legal or equitable interest in the property affected by the final decision, or any person with legal or equitable interest in property located within the notice radius for the given project."

The second part is the easiest to define because it includes anyone with property within 600 feet of the proposed Walmart site.

The first part is trickier. Who has a legal or equitable interest in the property? Is the potential for increased competition an equitable interest? Can someone appeal anything that's outside of the record, like whether there should be a Walmart at all?

The answer to those questions won't be long in coming, we wager.

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