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Oregon Road Conditions & Cams Email Story to a Friend August 6, 2005 Postage error kills Wal-Mart appeal By BUFFY POLLOCK for the Mail Tribune CENTRAL POINT — Wal-Mart’s challenge of a state Land Use Board of Appeals decision backing the city’s denial of a 207,000-square-foot supercenter has been thrown out because of incorrect postage. Attorneys for Wal-Mart submitted their appeal to the Appellate Court Records office of the Oregon Court of Appeals on July 1, dangerously close to the 21-day deadline for appealing the June 9 LUBA decision. While they filed the appeal with the court via certified mail, copies were sent to the city of Central Point and the citizens group Central Point First using regular first-class postage. A court records spokeswoman, who did not give her name, confirmed the case had been dismissed because the notice of appeal was "not considered to have been timely filed." Central Point Community Development Director Tom Humphrey said early Friday that the city had received notice from its own land-use attorney, Bill Kabeiseman of Portland, that the case had been dismissed. Advertisement "Our attorneys picked up on the fact it was sent by first-class mail, so they went ahead and asked the appellate court to dismiss it at that point," said Humphrey. Portland Wal-Mart attorneys Greg Hathaway and Michael Connors, who filed the appeal, were not immediately available Friday to comment on the postal error. Ironically, a similar error in postage allowed plans for a superstore in Medford to continue. Medford’s appeal of Wal-Mart’s plans for a store in south Medford was dismissed by the Oregon Court of Appeals on April 12 because the city did not mail the appeal by certified mail, which provides proof of mailing and date and time of delivery. Wal-Mart spokesman Eric Berger voiced frustration that Wal-Mart’s "side of the story" in the case of Central Point would not yet be heard. Wal-Mart attorneys had planned to argue that LUBA had not ruled on issues raised by either the city or the retail giant, but that LUBA had interpreted portions of the city planning code to find additional evidence to support denial of the project. "I think, certainly, we were looking forward to presenting our case to the Court of Appeals," Berger said Friday, "because we felt that our side of the story has merit." After a long and often drawn-out two-year process, Humphrey voiced frustration at having to "argue over technicalities" for a store that was not deemed by the city to be a good match for the commercial site at an already overwhelmed intersection. "If a foolish little technicality brings them to the realization that this is a waste of time, then I guess that’s what is appropriate," said Humphrey. "I think it’s sad that we have to argue over technicalities to get down to brass tacks," he said. "They should’ve accepted our decision. To continue to appeal this thing suggests an unwillingness to bend or cooperate or do what’s in the best interest of the community." Having already appealed to LUBA and the Court of Appeals, a final option for Wal-Mart representatives is to appeal to the state Supreme Court, which Humphrey said would be "ridiculous." Berger said Wal-Mart was undeterred in its commitment to build on the 21 acres of former orchard land, which Wal-Mart purchased for $6.1 million from Naumes Inc., 24 hours after the June LUBA decision. "We have had tremendous support from Central Point (residents) saying that they want that opportunity and convenience to shop at our store," Berger said. "We’re still evaluating the particular reason for dismissal. The point is, that we felt that the points we wanted to present to the Court of Appeals would have shown that our store is an appropriate use for that 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 Ready-Made Website Templates Free Music Downloads Conference Calls - $50/Month Home Security Systems Trunks, Footlocker, Trunk, Footlockers dvd-r helzberg diamonds Distance Education Diamonds Online Poker Computer Security Home Equity Loans Website Hosting Slippers Student Loans tcg student loan consolidation Canadian Pharmacy Memory Foam Mattress w2 forms Mortgage Calculator Free Home-Loan Referrals Online Casino News Air Purifiers Hotel/Motel Reservations Advertisement s