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Friday September 29, 2000

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State high court turns away appeal on Wal-Mart case from Tucson

By The Associated Press

PHOENIX - The Arizona Supreme Court yesterday turned away an appeal of a ruling that effectively squashed Wal-Mart's efforts to force a public vote on a Tucson ordinance restricting so-called superstores.

The Supreme Court without comment let stand a May 25 state Court of Appeals ruling. That ruling upheld Tucson's referendum ordinances as valid and said that a Wal-Mart-sponsored effort to force a vote challenging the superstore ordinance failed to comply with voting requirements.

A Wal-Mart-backed group, Consumers for Retail Choice had won a Superior Court ruling putting the superstore ordinance on hold, but the Court of Appeals reversed that ruling.

The ordinance regulates design and operations of superstores larger than 100,000 square feet. That ordinance calls for stores to limit traffic, noise, lighting and deliveries. It also prohibits selling groceries on more than 10 percent of the floor space of such stores.