MURPHYSBORO - The city of Murphysboro has been dealt a potentially significant blow to its plans of annexing Wal-Mart related property.

Judge Dan Kimmel has given permission for resident Lelan Stallings' objection to the proposed annexation - set to be heard by the Fifth District appellate court - and has granted a "stay of the proceedings" of annexation pending the appeal.

Members of Friends for Fair Growth, the organization opposed to a Wal-Mart Supercenter being built at Country Club Road and Illinois 13, are cautiously hoping Murphysboro will not get to annex the property after a March 21 referendum to be voted on by residents of the city.

"I'm tentatively optimistic," Stallings said.

Neither Murphysboro city attorney Ed Heller nor Stallings' attorney Patricia McMeen could be reached for comment Friday.

Despite the threat of annexation potentially being delayed until November, Murphysboro Mayor Ron Williams doesn't seem concerned - yet.

"We don't know that that's true," he said. "It's part of the process."

Williams said he is fine with Stallings trying to make his case, but said he is using "every delay tactic he can to hurt the city."

Williams said if the city doesn't get to build the Wal-Mart Supercenter within the next year, Murphysboro could lose nearly $1 million in sales tax revenue if Wal-Mart closes its current store (inside the city limits) and builds on the 40-acre site without the annexation.

"This is not going to stop Wal-Mart," he said.

John Bisio, regional manager of public affairs for Wal-Mart, said the company has every intention of building a store inside the city limits.

"I do know that it is our desire to be part of the city," he said. "I couldn't speculate on whether we would be able to move forward without (annexation)."

Bisio said that decision would be up to Wal-Mart's real estate division and legal counsel to pursue. The larger store, he said, will respond to Murphysboro residents' growing and changing needs.

"It is our desire to open up a new store," he said, calling the development "long overdue."

"It would be disappointing for us to see that delayed," Bisio added.

Gene Basanta, a member of Friends for Fair Growth and law professor at SIUC, said it is possible the city could still have its referendum voted on in March, but enacting the annexation would have to wait until the appeal is heard.

But Basanta said all of these legal proceedings could have been avoided.

"All of this would not be happening if the city of Murphysboro and Wal-Mart had not picked that site," he said.

kristen.cates@thesouthern.com

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