Appellate court reverses trial court decision in Quartz Hill Walmart lawsuit

LANCASTER – The Second District State Court of Appeal Thursday reversed a decision rendered in 2010 by the Superior Court of Los Angeles County, which had upheld the Environmental Impact Report (EIR) prepared for The Commons at Quartz Hill shopping center, to be located at 60th Street West and Avenue L in the City of Lancaster.

The Plaintiff, Quartz Hill Cares, had originally asked the Superior Court to set aside the EIR for the proposed shopping center, which includes a Wal-Mart store.

The EIR, along with other actions, was approved in 2009 by the Lancaster Planning Commission and Lancaster City Council.

The Superior Court upheld the EIR in its entirety and denied the writ petition by Quartz Hill Cares. Quartz Hill Cares then appealed to the Court of Appeal. The Court of Appeal reversed the Superior Court decision on the sufficiency of evidence in the administrative record regarding the “Reduced Commercial Density Alternative.”

The California Environmental Quality Act (CEQA) requires that multiple project alternatives be considered in an EIR.

“Along with the developer and Wal-Mart, we are of course disappointed that the Court of Appeal would reverse the decision reached by the Superior Court on the basis of one aspect of a comprehensive and voluminous EIR,” stated Lancaster Mayor R. Rex Parris. “However, in shopping center developments such as this, it is unfortunately not uncommon to have to work through multiple legal challenges. The City Council, along with Wal-Mart, will now consider options to supplement the record in support of the EIR, which is compliant in all other aspects.”

The Commons at Quartz Hill shopping center project has been delayed since 2009. According to the City, the project was to provide 865 construction jobs and 927 permanent jobs to the community.

Read the full 32-page court ruling here.

(Information via press release from the City of Lancaster.)

  49 comments for “Appellate court reverses trial court decision in Quartz Hill Walmart lawsuit

    March 23, 2012 at 1:35 pm

    Are you? Or are you just Ron Smith AKA No one of Consequence, Surely-Surely, Just Wondering or the other Parasite blogs you collect $1.50 ea for

  2. DDawg
    March 23, 2012 at 12:56 pm

    Some retired deputies never forgot Ron’s little incident as a baliff and there are voters who remember.

    March 23, 2012 at 12:49 pm

    Voters here have short memories. People even forgot his illustrious career as a “heroic” baliff. What will hurt him most is the ballot stuffing from Lancaster will be marginal.

  4. Doc Rivers
    March 23, 2012 at 12:42 pm

    How does this set back effect the Assembly hopes of Ron Smith who pushed this deal and is supported by the pro Wal-Mart crowd? He still wants the money and will do whatever it takes to get it.

    March 23, 2012 at 12:09 pm

    Reviving Lancaster involves exterminating the Parrasites out of office. I’m not sure people have reached that point of anger yet. Look at the voter turnout and you’ll see my point.

    March 23, 2012 at 11:06 am

    Normally you’d be right, however these Rex Parrasites appear to be here to stay, much like a Rat’s nest that burrows in and feeds off the environment indefinetly.

    • dhunter
      March 23, 2012 at 11:38 am

      I am sorry your city is blighted with such vile pests. I was here in the 1980’s and recently returned. The devastation is so sad to see. When I was here in the 70’s and 80’s this place thrived and the people were prosperous. Now it seems like most of the little shops are shut down, there are few opportunities for employment, there are foreclosures everywhere, way too many rentals and not enough owner occupied houses and there is a universal loss of hope among the locals. I so hope this place can somehow be revived along with the chances for prosperity and quality of live among the local people.

      • Rushing
        March 23, 2012 at 8:14 pm

        Read the court document, sounds like some illegal activity took place at the hands of the City Planning gang and the City Counsel gang. One of the reports states that building this center would cause a decrease in the quality of life and property in the impacted areas. Someone in this town has a God complex!!! You can not ignore the laws of the state for the benefit of a few good old boys. This REX guy is dangerous. He is pitting people in this community against one another and robbing this City blind. No wonder Palmdale does not want to merge the cities. It would be like drinking the kool-aid. No one asks for proof of the things he says. If they did they would find untruth in his allegations. Peace and Love to the AV.

        • Leon
          April 3, 2012 at 12:59 pm

          Your right Rushing. Mayor Parrisite is dangerous. But give the devil his due. Pitting people against each other works and frees him up to, as you said, rob the city blind. He’s the worst crook there is, a smart crook.

    • Matt S
      March 23, 2012 at 12:43 pm

      No they aren’t here to stay. They’re hanging around just long enough to squeeze the last dime out of the area, then it’s off to their house’s in Henderson, Laguna Niguel, Tahoe etc. And we get stuck with Wal-mart, a couple of trash processing plants with every town in a 300 mile radius shipping in their garbage, solar panels and asphalt covering every square inch of our desert and a prison. These A-holes will be long gone!

      • William
        March 23, 2012 at 6:40 pm

        Wow! It really is awful when you add it all up like you did.

        When I moved to Palmdale in 1990, there wasn’t much retail and I had to go to Lancaster. But, even then, there was something weird about Lancaster. Well, that weirdness has fully manifested itself since Parris took office. All he does is landscape everthing. That’s why Macy’s and the Yard House moved to the BLVD.

    March 23, 2012 at 10:06 am

    I thoght Rex Parrasite and his council of bandits was sucking the life and money out the AV.

    • dhunter
      March 23, 2012 at 10:46 am

      You are probably correct, but even when these scoundrels move on, your fair city is still blighted with their big box, walmart legacies.

  8. dhunter
    March 23, 2012 at 9:28 am

    Walmart is sucking the economic life out of this valley as it is. You already have 4 superstores with a population rate 250+/- that shouldn’t have to endure more than one. Lancaster politicians need replaced as they are selling your cities out to the highest bidders. Shame on them!

  9. Palmdale_Howard
    March 18, 2012 at 11:22 am

    Two Wal-Marts in Palmdale and two in Lancaster. I think four Wal-Marts in the Antelope Valey is more than adequate. If Parris and his cronies are able to force through another Wal-Mart in Quartz Hill I will stop shopping in Lancaster and Wal-Mart.

  10. Justice Callout
    March 18, 2012 at 12:15 am

    Those that destroyed newspapers in Germany before WWII at least wore cute little uniforms. Why not buy your goons uniforms Rex so we can flee when we see them. I’m sure that would make you feel taller.

    • Stinger
      March 18, 2012 at 6:26 pm

      Apparently, the AV Political Observer has observed too much for der fuhrer Parris’ liking and he can’t buy them off. Naturally, he then sends his LBC goons to try to squelch the free press in the AV!

  11. Justice Callout
    March 17, 2012 at 7:14 pm

    Munich1933? Why does Rex’s stooge threaten the businesses of those who distribute the Political Observer. Unless your ignorant of history, guess what comes next.

  12. Justice Callout
    March 17, 2012 at 7:11 pm

    Munich 1933? Why does Rex’s henchman have to threaten businesses that distribute the Polical Observer. Has fear caused us to toss out our liberty?

  13. Justice Callout
    March 17, 2012 at 7:09 pm

    Why does Rex’s henchamn threaten those who distribute the Political Observer. Think of a similar person on Munich during 1933.

  14. Justice Callout
    March 17, 2012 at 6:58 pm

    New low for Rex. His emissary of doom, steals the Political Observer & threatens to do harm to businesses that distribute the paper. Munich 1933? Rex, your a charmer.

  15. Palmdale_Steve
    March 17, 2012 at 12:23 pm

    Move Walmart down the street and use the land where they were going to build for something really needed, more apartments on the West Side of Lancaster.

  16. CKAY
    March 17, 2012 at 12:19 pm

    Big loss for the little big man. Hope you did’nt buy too much land there. Let’s hope Boss Rex’s loss extends itself to election day. Vote them out.

  17. Mercedes Medrano
    March 17, 2012 at 12:05 am

    Sandra cannot live without hiding betwenn two worlds. Si Seniora?

  18. CKAY
    March 17, 2012 at 12:00 am

    They survive because there is no depth they won’t sink to. Vote them out.

  19. Arnie L
    March 16, 2012 at 11:42 pm

    Crooks like Rex always survive. Dont ask me why. They just do.

  20. CKAY
    March 16, 2012 at 11:32 pm

    Lets hope Parris and his council fools loss extends itself to election day.

  21. Sam
    March 16, 2012 at 5:47 pm

    Although not crazy about Wal-Mart, we do need a shopping center on L and 60th West. There are new home tracts that need shopping centers close to home. How about Target? Wasn’t there a plan for Target as well?

    • Palmdale_Steve
      March 16, 2012 at 6:22 pm

      Maybe a WinCo or a Super1Foods, both I understand do big business, maybe some 99 cent stores and a few nail places too.

      • William
        March 16, 2012 at 6:37 pm

        Too funny.

    • William
      March 16, 2012 at 6:43 pm

      It’s been my understanding since the beginning that most homeowners who moved out to the Quartz Hill area wanted a rural lifestyle, knowing that the Walmart property was zoned for single family homes. Then, in some fishy maneuvers, Walmart bought the land while the zoning was changed. How ’bout that?

      Lancaster gets the sales tax revenue while Quartz Hill gets the traffic and other problems. Isn’t that Christian of Rex Parris?

      Vote Parris out, if you can.

      • Palmdale_Steve
        March 16, 2012 at 6:50 pm

        Yes because we know that no one who lives in QH ever uses any of the city parks or other services in Lancaster or Palmdale…too far to ride on their high horses.

        • Stinger
          March 16, 2012 at 9:23 pm

          Funny that you should mention horses, P_S, as they DO ride horses out in Quartz Hill…

          • William
            March 16, 2012 at 9:33 pm

            Hopefully, they ride over to Lancaster to do their business near where Parris drives his car. Nothing better than horse manure on your tires, parked in your garage.

        • William
          March 17, 2012 at 6:14 pm

          That’s it. Change the subject. Lancaster gets the sales tax $$$$$s and QH gets the problems on its front steps.

          Lancaster is a crappy neighbor to QH and Palmdale. Eventually, it’ll tick off Rosemond too. With Parris in charge, Lancaster is stinking up the AV.

    • AV Town Crier
      March 17, 2012 at 10:32 am

      The Target center is a go just as soon as they wish to start.

      • Sam
        March 17, 2012 at 8:47 pm

        Hope that will be soon. Thanks for the info.

  22. Adam Chant
    March 16, 2012 at 5:07 pm

    I’m of the opinion that we don’t need another walmart anywhere in the antelope valley. However if the city of Lancaster feels it needs to locate one on the far west side it should be on Avenue I, a mile either side of 60th st West. Avenue I has the work taking place on the freeway off ramp, it has an otherwise open and congested road to 60th and it is further away from Quartz Hill and closer (but still some distance) from antelope acres.
    No doubt the battle is not over, but some work must be done on the part of the city and walmart to satisfy the court.. it may just expose the fact that the location was picked for financial gain of those involved and not because it was the best location for the development. This in itself may not be a bad thing, if the location was central and key to the success of the development, but they will have to provide solid proof of that. Fodder all the same..
    WalMart bought the land right? Fine the EIR is flawed and the city can’t rezone it bla bla bla. “Sorry Walmart you have to buy this other piece of land.. Don’t worry we’ll give you a good deal on it too.. mind you it just changed hands for 1/100 of what we will charge you for it.. but we promise it will go this time…”

    • John Mlynar
      March 16, 2012 at 7:40 pm

      Right on, Adam! The idea of a Walmart or Super Target on the Westside is not inherently evil or wrong; putting it across the street from a high school is! Towards Ave. I makes far more sense and connects it with the business activity around I, the outlet mall, Jethawks, etc. But what do I, or the hundreds, if not thousands, of QH residents know anyway. ;)

      • William
        March 17, 2012 at 11:01 am

        What do you know? Apparently, way more than Parris and his crew.

    • AV Town Crier
      March 17, 2012 at 10:31 am

      If they were to build it there, they could also build the Lowe’s that was blocked, as well. That area is so large they could build a BIG BOX haven there. It’s easily accessible. Plus, Lancaster controls all the roads. They would not have to rely on the County to widen their section of roads. Plus you would have freeway visibility, etc. Plus there wouldn’t be any impact on homes.

      But common sense doesn’t add into these decisions. R. Rex will pursue this at any cost because he’s a vindictive blow-hard.

  23. Palmdale_Steve
    March 16, 2012 at 3:42 pm

    If you take the time to read the decision, Walmart and the City of Lancaster lost on a very technical flaw, easily correctable. They failed to document how they came to a conclusion on economic viability. The city made a decision, waved their hands and said they didn’t have to show in EIR the rational for making the decision. In short a failing on process and documentation not of what they determined.

    Everything else QH Cares basically lost on.

    So the Grocery workers Union backers of QHC will have to come up with another reason to challenge in court.

    • Delgado Slim
      March 16, 2012 at 5:08 pm

      Thanks for posting Wal-mart’s CYA talking points, Steve. Your break is over, so put your blue vest back on and get back to the front of the store.

      It’s always “the unions” out to get poor Wal-Mart, never just regular folks who’d rather not have one of these crime magnets forced on them.


      • Palmdale_Steve
        March 16, 2012 at 5:24 pm


        So are you telling me as a fact that Quartz Hill Cares is not supported and funded by the United Food Workers Union? Is that it?

      • Palmdale_Steve
        March 16, 2012 at 5:27 pm

        Leibold McClendon & Mann represented QH Cares pro-Bono? Wow!

        Follow the money.

        • Stinger
          March 16, 2012 at 9:19 pm

          Yes, P_S, follow the money on the other side. You’ll find all of the good old boys. You’ll also find – look at that! – the chairperson of the planning commission (conveniently posted there by Parris, of course) is the same person who sold the residentially zoned property to Walmart in the first place!

          And you support these guys in their efforts? Wow.

          • AV Town Crier
            March 17, 2012 at 10:26 am

            Don’t forget, that as Planning Chair, Jim Vose cast a vote in support and refused to recuse himself over the apparent conflict of interest.

  24. CKAY
    March 16, 2012 at 3:30 pm

    Let’s hope this losing streak for Parris and his council of crooks continues to election day.

  25. William
    March 16, 2012 at 3:24 pm

    Good. Congratulations Quartz Hill.

Comments are closed.