Term Paper on "Walmart and the Death of Downtown"
Term Paper 9 pages (2459 words) Sources: 5 Style: APA
[EXCERPT] . . . .
Wal-Mart and the Death of DowntownIn all cities and towns all over both the United States and Canada something is dying, or perhaps already dead and that something is downtown and cultural heritage being replaced by something generic and that comes in a big box - that something is 'Wal-Mart'. While Wal-Mart has brought lower prices to these communities, Wal-Mart has also brought decay, decline, and crime. These lower prices have come with a high price tag to communities and society as this work in writing intends to show.
DOWNTOWN DEATH DELAYED by DESIGN
Guelph is located in Canada and in the middle of the 1990s Guelph's downtown was up against some tough market pressures "typical of small city cores across North-America." (Bennett, 2003) the "Guelph Community Survey" Final Report was published July 18, 2006 reporting a study conducted by two specialized public consultation exercises focused on gauging the opinions and preferences of the City of Guelph concerning growth management and related issues. The City of Guelph stated the following objectives in the growth management plan strategies for the city:
1) to manage its growth in a balanced, sustainable manner;
2) to strengthen its economic base;
3) to support its natural, cultural and architectural heritage;
4) to enhance community wellness;
5) to be strong environmental stewards; and 6) to have exemplary management practices. (Guelph Community Survey, 2006)
It is related in the work of Bennett (2003) entitled: "Big Box Battle: Guelph's Citizens Favour Community Va
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II. POWER of the PEOPLE
The people or citizens of Guelph absolutely stood firm and therefore the council, newspaper, and decisions of the city council held to the plan however the developers, intent on raping and pillaging the city of Guelph with their 'big-box' buildings "lodged appeals with the Ontario Municipals Board. Proposals, which incidentally, remain in front of the board to this day "although in the meantimes, revised approvals were approved and then rejected by subsequent municipals councils." (Bennett, 2003) Bennett (2003) states that the Ontario Municipal Board in Canada is unique "although similar administrative exist in Vermont and Oregon to hear appeals of local land-use decisions. In principle, administrative tribunals are more accessible to the public than courts of law, which are the primary avenue of appeal in most jurisdictions. Courts will consider whether a decision is in conformity with the law, or whether the local government or agency acted in an arbitrary or capricious manner. Most courts will not question the correctness of a decision by a local government or agency, and will only hear arguments from the party that initiated the actions and from the defendant, often the local government." (Bennett, 2003) a wider range of interests may be represented among administrative tribunals and some will grant a limited amount of funding by an intervener to non-profit groups enabling their participation. Council planning decisions may be appealed by any individual to the Ontario Municipal Board however, making the assumption that the reasons for the appeal are not that, which would be considered frivolous in nature. (Bennett, 2003; paraphrased) the problem in most appeals is the ability to pay the attorneys and experts that enable a case to win and generally appeals are only filed by developers because they are able to afford the necessary costs associated with an appeal and consider it a business expense.
Bennett reports that the Residents for Sustainable Development in Guelph, a citizens group that had been formed to carry on the big box fight at the Municipal Board held major fundraising efforts and was able to pay Bennett "only a modest daily stipend to attend the hearings, offsetting the time" that he was required to be away from paid work during each day. Bennett stats that the resident's group "holds 'party status' at the hearing, which means even while Bennett is an attorney, he may not bring his own witnesses, cross-examine the other parties' witnesses, or introduce motions and make arguments." (Bennett, 2003) While Guelph has not won against these developers, it has at least, held the construction of the big boxes at bay during the many years of pre-hearings, motions, delays and "posturing at the Ontario Municipal Board..." (Bennett, 2003) the downtown of Guelph is undergoing revitalization with over 1,000 citizens having completed a 18-moth consultation as "part of SmartGueph, a community-based initiative to define a set of community values and priorities for smarter development." (Bennett, 2003)
III. VERMONT vs. BIG BOX CONSTRUCTION
Bennett (2003) reports that in Vermont "growth management legislation" has empowered the Environmental Board to consider the "full range of impacts of new developments and to rigorously weight their costs and benefits. The legislation, known as Act 250, specifically required projects to be evaluated in terms of the 'costs of scattered development'...including costs associated with extension of public infrastructure to new developments and impacts on existing community services including schools and stores and as well "incorporates less tangible costs such as increased air pollution and loss of agricultural land and heritage qualities." (Bennett, 2003) These criteria were utilized by the citizens of St. Albans, Vermont in appealing a permit for development in 1993 issued to Wal-Mart for construction of a store on agricultural land "located three kilometers out of town near a highway interchange." (Bennett, 2003) Just as in Guelph, the downtown core of St. Albans and the community's quality of life were in jeopardy by the big box development proposal. The Vermont Environmental Board agreed with St. Albans finding that the public cost associated with construction of the store "would greatly outweigh the public benefit, a decision confirmed by a ruling of the U.S. Supreme Court in 1997. " (Bennett, 2003) Resulting from this decision and the actions of St. Albans citizens there is an increase of citizens initiating the judicial review of land-use decisions and lobbying to change development regulations." (Bennett, 2003)
IV. MEXICO'S MALINGERING BIG BOX
The work entitled: "Guanajuato: The Death of Heritage" states: "Gentrification is the 'procedure of reclamation and rebuilding accompanying the influx of middle-class or affluent people into deteriorating countries that often displaces earlier, usually poorer, occupiers." (Webster's Dictionary; as cited in Guanajuato: The Death of Heritage, 2007) Gentrification is stated to be occurring due to the construction of a Mexican version of Wal-Mart known as 'Superintendent Wal-Mart'. This article states that "Just as in the U.S. where the reaching of these superstores has all but ruined small downtown U.S., these stores in Mexico are causing the same problem." (Ibid) This work goes on to relate the fact that of how the cultural heritage has been effectively stripped from these towns as the writer recalls earlier days when they would walk along sidewalks, gazing at window displays in stores and make their way to the drugstore to drink a soda, commune with neighbors and townspeople and bond together on camaraderie encouraging one another and deriving strength from others in the community. It is very eloquently related in this article that: "Downtown… READ MORE
Quoted Instructions for "Walmart and the Death of Downtown" Assignment:
This essay is intended for a third year university real estate law course. the essay should be opinionated with general concepts. use canadian concepts/laws (The LAw society of Upper Canada. 48th Bar admission course. Real estate reference materials). refer to Guelph, Ontario for examples. Essay topic is Walmart (Big Box Developments)-The Death of DOwntown.
How to Reference "Walmart and the Death of Downtown" Term Paper in a Bibliography
“Walmart and the Death of Downtown.” A1-TermPaper.com, 2007, https://www.a1-termpaper.com/topics/essay/wal-mart-death/1501937. Accessed 5 Oct 2024.
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