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Walmart surrenders at Wilderness

In an unexpected turn of events, Walmart withdrew its special use permit request to build a super-structure off of Routes 3 and 20 near Fredericksburg. The Orange County Board of Supervisors previously granted the mega-corporation the permit, which would have allowed Walmart to build on 55 acres near a major Civil War site.

Wilderness Battlefield, part of the Fredericksburg & Spotsylvania National Military Park, comprises more than 2,700 acres located near the intersection of Routes 3 and 20 in Orange County. Walmart had planned a 141,000-square-foot store at the same intersection.

Preservation group Friends of the Wilderness Battlefield (FOWB) and other interested parties immediately filed suit, claiming that the Board acted unreasonably and ignored the battlefield’s historical significance, as well as traffic and financial implications for the area. Walmart has three locations in Orange County, as well as stores in Fredericksburg, Gordonsville, Culpeper, Albemarle, Louisa and Greene County. The Greene County store opened last fall and employs more than 300 people.

“I’ve said it before,” says Zann Nelson, president of the FOWB. “We want Walmart in Orange County, just not there.”

This is not the first time that a major corporation went after land from a historic war site in the vicinity. In 1993, the Walt Disney Company sought to develop a historic theme park a few miles from the Manassas National Battlefield Park. Disney quickly killed the project due to protests that threatened its wholesome image.
The Wilderness Battlefield has not been so fortunate; the park was previously encroached upon during the 1970s.

“The small strip mall on Routes 3 and 20 was zoned for commercial use before our organization was even in place to fight it,” stresses Russ Smith, superintendent of the Fredericksburg & Spotsylvania National Military Park. “But this case now gives us an opportunity to stop the bleeding and protect the Wilderness Battlefield going forward.”

Judge Daniel Bouton of the Orange County Circuit Court heard opening motions in the trial on Tuesday, January 25. Attorney Sharon Pandak, on behalf of the Orange County supervisors, asked that the case be dismissed on the grounds that the board acted within its legal rights when it granted the special use permit in 2009.

To everyone’s surprise—including counsel for the plaintiffs—Walmart opened Wednesday’s session by reading a statement that said the corporation would withdraw its special use permit and hopes to proceed with the structure at a later time, at a location removed from the battlefield.

“I’d like to commend Walmart for making the right decision,” says Robert Rosenbaum, attorney for the plaintiffs.

“Walmart has now created an atmosphere of dialogue that we’ve always hoped for,” agrees Nelson.

At press time, Orange County supervisors had made no official statement regarding their actions. However, District Two Supervisor Zack Burkett does not equivocate: “We granted the permit legally.”

“I hope Dr. [James*] McPherson is a liar,” Burkett continues, “because I’d hate to think such a noted historian could be so inaccurate.” Burkett’s comment came in response to the Pulitzer Prize-winning author’s research regarding the battlefield’s historical boundaries, which encapsulate 2,774 acres.

“The county has taken the position that nothing significant happened there,” says Rosenbaum. “Well, I was looking forward to responding to Mrs. Pandak and that assertion. We had 26 witnesses lined up and ready to go.”

After the dust settled, all parties conceded that a Walmart is still being considered for Orange County.

“There are very few opportunities in life where you can have it all,” concludes Teri Pace, the lone Orange County supervisor who voted against granting the special use permit in the first place. “Hopefully, the county will make a really wise decision about this going forward.”

*Due to a reporting error, Dr. McPherson’s first name was initially given as "Curtis."

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