A proposed Walmart superstore in Riverhead is back on track, after a decision by an appellate division panel to throw out a lawsuit that had blocked the project.

The four-judge panel ruled this week that neither the owner of a shopping center with another Walmart two miles away, nor six union members who live near the proposed "Big Box" Walmart, have the legal standing to sue to block construction.

The planned 169,547-square-foot Walmart at the western end of Riverhead's Route 58 corridor near the Tanger Outlet Mall would replace the existing 113,000-square-foot store. The site plan was approved by the Riverhead Town Board in June 2007.

Riverhead Supervisor Sean Walter said Friday he was pleased by the decision, although he had not had time to read it completely. "I don't know what it does, but hooray for us. I love Walmart. I shop there," he said.

Once the project was approved by the town board two years ago, the Walmart developer, Headriver Llc, was sued by two parties - the owner of the the shopping center with the existing Walmart, and by the United Food and Commercial Workers Local 1500 together with six of its members.

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Both lawsuits claimed the parties would be adversely affected by traffic from the new store. The union also cited potential negative environmental and socioeconomic impacts to the businesses on the Route 58 corridor where its members work.

Wal-Mart Stores Inc. had announced it would close the smaller store when its Walmart Supercenter "Big Box" store was finished.

Attorneys for the various parties in the lawsuit could not be reached Friday for comment.