Moon First, a group of residents opposing a proposed Wal-Mart in the West Hills Shopping Center on University Boulevard, is suing supervisors over the retailer's preliminary development plan, which was approved July 10 by the Moon board.

The lawsuit was filed Aug. 14 in Common Pleas Court to overturn the 4-1 vote by supervisors who had reversed themselves.

On July 3, supervisors voted 3-2 against Wal-Mart's plan to build a 148,000-square-foot super center. In a special meeting seven days later, however, supervisors Michael Hopper and James Vitale changed their votes to yes. Supervisor Marv Eicher remained opposed.

The township's legal staff had advised supervisors that denying the plan could result in a lawsuit by Wal-Mart that would be difficult to defend.

Suing the township are Joseph Dentici, president of Kuhn's Quality Foods and president of the general partnership of Franklin Square that owns commercial property in Moon; Jesse Nicholson, a Moon First member; and property owners Edwin Nelson and Anthony Mester.

The suit states the board of supervisors erred in reversing the ruling, because by changing their votes, the supervisors were failing to keep Wal-Mart from violating township zoning ordinances. The preliminary plan requested a reduction of a buffer zone near other properties from 40 feet to 10 feet. The reduction of the buffer zone is also an issue listed in the lawsuit. There is a neighborhood along Broadhead Road, behind the proposed Wal-Mart.

Mr. Hopper said via speaker phone at the July 10 special meeting that he had concerns about being sued.

Among the objections of the Moon First group were that a Wal-Mart would ruin the quality of life in Moon by creating a massive traffic problem. And, there were concerns about businesses such as K-Mart and Kuhn's being forced out of business by Wal-Mart's competition.

Mr. Dentici spoke at the second meeting, saying that his store could not compete with Wal-Mart.

Plans call for the nearly vacant West Hills Shopping Center to be torn down to make room for the new super center.