A judge has ruled in favor of a developer seeking to build a Walmart Neighborhood Market at the intersection of Covell and Coltrane roads in Edmond, ending a major hurdle in a long-running dispute with the city.
Oklahoma County District Judge Anthony L. Bonner granted partial summary judgment to Coltrane Land Development LLC, owned by developer Jim Tapp, allowing the project to move forward. The ruling came after a hearing on Wednesday, March 4.
The proposed Walmart Neighborhood Market would be built on the northwest corner of the busy intersection.
Location Near Growing Retail Corridor
The planned store site is located about a mile west of the expanding retail and restaurant corridor at Covell and Sooner roads, just west of Interstate 35.
The 9.7-acre property is bordered by residential neighborhoods to the west and south. Some residents from nearby communities have opposed the development, including those living in the Asheford Oaks addition. The area has seen similar development proposals in the past, including one from another developer nearly a decade ago.
Court Ruling Echoes Earlier Case
According to Todd McKinnis, one of Tapp’s attorneys, the ruling mirrors the outcome of a previous case involving the same property.
“Same result as the 2015 case,” McKinnis told The Oklahoman. He declined to comment further.
Attempts to reach Tapp and his lead attorney, David Box, were unsuccessful. Edmond City Attorney Madeline Sawyer and Mayor Mark Nash also declined to comment on the ruling.
Compensation Claim Still Pending
While the judge’s decision supports the developer’s plans, a key issue remains unresolved.
Tapp is seeking “just compensation” from the city of Edmond for what his attorneys describe as a prolonged legal fight over development rights that were already established in a 2015 court ruling involving a different developer.
That earlier developer had proposed a nearly identical Walmart project but ultimately did not build the store.
Tapp has also raised a claim of “inverse condemnation,” a legal argument used when property owners believe government actions effectively take or damage private property without formally using eminent domain.
Developer Argues City Restricted Property Rights
Tapp’s legal team argues that the city exercised “dominion and control” over the property in a way that prevented the developer from fully using and enjoying the land.
They describe the situation as a “de facto taking” of property rights.
County records show that Tapp purchased the 9.7-acre site from Covell Creek LLC for $2,636,500 in March of last year.
Dispute Began After City Rejected Site Plan
The lawsuit was filed on Aug. 13, 2025, about a month after the Edmond City Council rejected Tapp’s site plan for the proposed store.
The council’s decision upheld an earlier rejection by the city planning commission, which found that the proposal did not meet several city planning requirements.
City officials cited concerns about increased traffic at the already congested Covell and Coltrane intersection, along with potential drainage issues and possible light and noise pollution affecting nearby neighborhoods.
Developer Says Plan Is Nearly Identical to Previous Approval
Tapp’s attorneys argue that the new proposal is nearly identical to the site plan approved in the earlier court case, meaning the city was required to approve it.
They pointed out that the differences between the new and previous proposals are minimal.
The updated plan includes a store that is about 4% larger at 43,686 square feet, a building height increased by 11 inches to 27 feet, 3 inches, and a change in exterior color from brown to gray.
According to the developer’s legal team, the new proposal actually improves the original plan because it includes additional landscaping.
Previous Attempt to Combine Cases Denied
Earlier in the legal process, District Judge Don Andrews declined a request by Tapp to reopen the earlier case from 2016 and combine it with the current lawsuit.
Despite that decision, the latest ruling has cleared a major path forward for the Walmart Neighborhood Market project.
