Court Grants Local Power Over Big Box Locations

A California State Supreme Court ruling has given cities and counties broad authority of what type of retail developments can move into their municipalities, and where they can be located. Under the ruling, cities will be able to ban big box stores.

1 minute read

June 11, 2007, 9:00 AM PDT

By Nate Berg


"But the court also made it clear that elected officials are entitled to decide what kind of commercial development they prefer, regardless of whether big-box stores are allowed and even if the effect is to restrict competition."

"Wal-Mart, which unsuccessfully challenged the rejection of a proposed supercenter last year in Turlock (Stanislaus County), has estimated that 20 cities and counties in Northern California ban or limit its stores. They include San Francisco and Oakland."

"The Supreme Court ruling 'will affect all battles in California where Wal-Mart and other big-box retailers are trying to force their way into cities that don't want them,' said attorney Steven Mayer, who represented Hanford, where an ordinance actually favored big department stores, including Wal-Mart, Sears and Home Depot, by allowing them to sell furniture in a particular shopping area while banning smaller furniture stores."

"'Local elected officials may have a bias or animus against a particular entity or they may have a purely private reason for making that decision, but as long as they state a public reason, they won't be questioned,' Ryan said. He said his client was considering an appeal to the U.S. Supreme Court."

Friday, June 8, 2007 in The San Francisco Chronicle

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Red 1972 Ford Pinto with black racing stripes on display with man sitting in driver's seat.

Analysis: Cybertruck Fatality Rate Far Exceeds That of Ford Pinto

The Tesla Cybertruck was recalled seven times last year.

July 2, 2025 - Mother Jones

Close-up of park ranger in green jacket and khaki hat looking out at Bryce Canyon National Park red rock formations.

National Parks Layoffs Will Cause Communities to Lose Billions

Thousands of essential park workers were laid off this week, just before the busy spring break season.

February 18, 2025 - National Parks Traveler

Paved walking path next to canal in The Woodlands, Texas with office buildings in background.

Retro-silient?: America’s First “Eco-burb,” The Woodlands Turns 50

A master-planned community north of Houston offers lessons on green infrastructure and resilient design, but falls short of its founder’s lofty affordability and walkability goals.

February 19, 2025 - Greg Flisram

Screenshot of shade map of Buffalo, New York with legend.

Test News Post 1

This is a summary

0 seconds ago - 2TheAdvocate.com

Red 1972 Ford Pinto with black racing stripes on display with man sitting in driver's seat.

Analysis: Cybertruck Fatality Rate Far Exceeds That of Ford Pinto

The Tesla Cybertruck was recalled seven times last year.

18 minutes ago - Mother Jones

test alt text

Test News Headline 46

Test for the image on the front page.

March 5 - Cleantech blog