Residents opposing a Wal-Mart Supercenter in West Dundee are taking their fight to court.

A complaint filed Friday in Kane County Circuit Court claims the village board erroneously granted the world's largest retailer a special use permit for a site at Huntley Road and Elm Avenue.

The complaint also names Wal-Mart, site owner General Growth Properties and neighboring Spring Hill Mall.

Kristin Geati, one of eight plaintiffs named in the suit, said the site should not have remained zoned for a regional business district when Meijer pulled out of a deal to build a store in 2000. The suit states that according to village code, the 30-acre site on the outskirts of Spring Hill Mall should have returned to its previous residential zoning six months after Meijer forfeited.

"We are citing the village for failing to follow its own ordinances and ignoring most of their ordinances," Geati said. "The zoning is not correct and it does not meet the requirements for a special use."

The group's attorney, Robert Gildo, tried a similar tact to oppose the village board's approval of zoning variances in June.

At that time, West Dundee attorney John Brechin said the ordinance was legally ineffective and contradicts state statute.

Wal-Mart plans to build a 186,000 square-foot Supercenter that would include groceries and general merchandise, as well as a drive-through pharmacy and garden center.

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