Kabat also said requiring developers to meet a road level of service E, even though some roads are at the lower level of F, could put a stop to all development in the county.
"To improve the level of service on Route 4 is a multi-multi-multimillion-dollar project that goes way beyond the confines of the development," he said. "No developer can do that."
Calvert officials said they are not sure what position to take on a proposal this month from Calvert Neighbors for Sensible Growth, a group that opposes Wal-Mart's site plan, which called for placing size caps based on all the adjacent buildings owned by the same retail operation.
"I think the big question is: Does it pass legal muster?" Bowen said.
Bowen said County Attorney Emanuel Demedis has not issued an opinion on the legality of the group's proposal. Demedis did not return a call seeking comment.
Several of the commissioners -- including Shaw, Gerald W. Clark (R-Lusby) and Linda L. Kelley (R-At Large) -- have said it might be best to let the matter play out in the courts. They said Wal-Mart had initiated the fight with its controversial site plan.
Kabat said he hoped the commissioners would choose not to litigate, even though he thinks Wal-Mart would win on the merits of the case.
"It's going to be a very expensive fight. It's going to be a long fight," he said. "I hope it doesn't go there."