Neighbors threaten to sue over Fry's supercenter

They say city broke procedure to approve site

TUCSON (KGUN9-TV) - There could be a big snag for the big new Fry's grocery planned for Tucson's Southeast side.

Neighbors who oppose the plan are threatening to sue to stop it.

A quiet patch of land at 22nd and Houghton has been at the heart of a battle over whether to build a big Fry's supermarket complex there.  It seemed like the issue was settled when the city council ruled on the zoning but now it looks like the battle has simply entered a whole new phase.
       
 Fry's plans to build a large supermarket and a gas station at this spot.  
        
But some of the neighbors oppose the complex.   They say it violates the city plan for the area which calls for smaller scale commercial development.
        
They also say the commercial site and its lighting will degrade the environment at Saguaro National Park East which is roughly two miles from the site. 
         
In November, City Council voted six to one to approve the rezoning and allow the Fry's market---over the objection of neighbors like Linda Schaub.

Outside the November hearing she said, "It starts the incremental degradation of a scenic corridor and the gateway to Saguaro National Park."
      
But now some neighbors to the site are threatening to sue unless the city goes back and retracts the rezoning.  
    
They filed a letter with the city saying the rezoning broke the city's own rules and that the site should have been reviewed using the standard the city adopted to encourage more consistent development in the area.
      
In November, Councilmember Steve Kozachik was the only councilmember who voted against the rezoning.  
        
He wants the new vote the plaintiffs’ demand but concedes the result might not change.

“Let's avoid the litigation.  Let's bring it back to the mayor and council, have a new vote, a fresh conversation and see if the results are the same."

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