Riverhead PGC owned a shopping center which had a Wal-Mart as an anchor tenant.
When the Town of Riverhead approved the construction of a Wal-Mart Supercenter some two miles west of the existing property, PGC attacked the ordinance--by way of a special proceeding--claiming the new development would cause PGC "direct injury" and "economic harm."
After the Suffolk County Supreme Court found in PGC's favor, the Town appealed.
Since economic harm--due to business competition--wasn't protected by law, and the property wasn't close enough to the new site to show an "injury-in-fact," the Appellate Division, Second Department, reversed and dismissed the case. (It also thought PGC's claims were "speculative" in nature.)
It's really Wal-Mart's world!
To view a copy of the Appellate Division's decision, please use this link: Matter of Riverhead PGC, LLC v. the Town of Riverhead