Unless an overwhelming amount of people come together to prevent this construction, I don't see how legally Wal-Mart wont be able to build at the site.
While it is sad, the truth of the matter is, hundreds of historical sights get destroyed every year by modern construction, in-fact numbers of Civil War battlefields are now covered by roads and highways, residential zoning or even industry.
A hundred years from now I'd expect only that stone to remain in place, and when you look across the field there will be a new city of stores.
This battle seems lost before it began, sad but true.