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Oregon Road Conditions & Cams Email Story to a Friend July 2, 2005 Wal-Mart appeals Central Point supercenter ruling By BUFFY POLLOCK for the Mail Tribune CENTRAL POINT � Wal-Mart officials determined to build a supercenter in town are taking their case to the Oregon Court of Appeals. Wal-Mart on Thursday directed Portland land-use attorney Greg Hathaway to file an appeal of a June 9 ruling that the store couldn’t be built without a conditional use permit from the city. Just 24 hours after the ruling by the state Land Use Board of Appeals, Wal-Mart Stores Inc. purchased the 21-acre site at Pine Street and Hamrick Road from Naumes Inc. for $6.1 million. The retail giant’s land purchase and appeal are evidence of its commitment to build on the site, said Hathaway, adding that Wal-Mart representatives felt LUBA had "exceeded its authority." Hathaway said LUBA could not support reasons the city gave for requiring a conditional use permit but deemed one was required, citing city ordinances that were not presented during arguments in the case. Advertisement "In their decision, LUBA actually agreed with our legal position that the city had improperly determined some of its own code to require us to go through a conditional use permit," Hathaway said. "Then LUBA, on its own, found other provisions that nobody had ever argued, that nobody had ever discussed, that the city had never relied upon � in order to deny our project. "Once (LUBA) decided ‘yea’ or ‘nay’ on the city’s argument for a conditional use permit, they weren’t asked to go find other reasons," he added. "It’s a legitimate issue that the Court of Appeals is going to have to address." City officials have previously stated that the project would require a conditional use permit because the land is zoned for a community shopping center rather than for a regional center. Hathaway said Wal-Mart planned to exhaust its appeals options before seeking a conditional use permit. Winning with the Court of Appeals would remand the case back to LUBA. Should LUBA reverse its ruling, which backed the city’s denial last year of the project, Wal-Mart could potentially proceed without a special permit unless other arguments by the city were proven. Community Development Director Tom Humphrey said he was "not surprised, just disappointed" at Wal-Mart’s decision to appeal. "Our attorney alerted us to the fact that could happen," Humphrey said Thursday. "They’re pretty tenacious. It’s unfortunate they aren’t as devoted to the communities they plan businesses in as they are to fighting to have their way." Because Wal-Mart now owns the property on which a large orchard once stood, the city is prohibited from pursuing other retailers as it had done with Home Depot in recent years. "They own it, so unless they choose to sell it to someone else, they have an agenda and that’s what they will pursue," Humphrey said. Representatives for Naumes Inc. have declined to comment on the proposed project or the appeals process. The project was first proposed in December 2003. Central Point Planning Commission members granted unanimous approval the following March, though the decision was overturned by the City Council one month later after a series of public hearings. The council denied the project because of concerns over additional traffic at the already failing Pine-Hamrick intersection, environmental concerns for nearby Bear Creek and because the project was not in line with the city’s plans for a community shopping center at the site. Buffy Pollock is a freelance writer living in Medford. E-mail her at [email protected]. Mail Tribune Home | Local News | Sports | Business | Obituaries | Life | Opinion AP News | Archives | Site Map | Community | Classified Copyright © 1997-2005 Mail Tribune, Inc. All rights reserved. Privacy Policy | Terms & Conditions | Website Feedback Free Music Downloads Conference Calls - $50/Month Home Security Systems Trunks, Footlocker, Trunk, Footlockers dvd-r helzberg diamonds Distance Education Diamonds Online Poker Auto Insurance Mesothelioma Home Equity Loans Slippers Student Loans tcg student loan consolidation Canadian Pharmacy Website Design & Marketing Memory Foam Mattress w2 forms Mortgage Calculator Free Home-Loan Referrals Payday Loans Air Purifiers Advertisement s