Better to keep zoning out of court

Gardnerville is getting a Walmart.

Maybe not today, or next week, but the only thing preventing a Walmart from going on property behind Les Schwab Tires will be Walmart's own business plan.

That's because the zoning on the property behind Les Schwab was not determined by county vote, but in a court settlement.

We've heard several times from folks opposing development that the county should "just say no" when developers come calling.

The danger to that strategy has come to light in this case.

That's because the county is not the final say when an applicant has the resources to challenge that decision.

The settlement of state and federal lawsuits over the flood plain ordinance that paved the way for Walmart resulted in the county giving the property owners 100 acres of commercial zoning divided up any way they wanted.

That's a steep price to pay for losing a lawsuit that also had part of a county ordinance declared unconstitutional.

Residents don't get to go to federal district court for their say on the merits of a project. Once a development goes from the legislative to the judicial branch of government, protesting is likely to result in a contempt charge, not applause.

This case illustrates the fine line county officials walk when making decisions about projects.