LUBA hears arguments

I think Gresham First had a great write-up on the happenings at the appeal. It is copied below:

Oral arguments were heard on February 22 before the Oregon Land Use Board of Appeals in Salem. LUBA is like an appellate court, and is not a political body. A LUBA appeal challenges the legal sufficiency of a local government’s decision. (By law, local decision makers can choose which evidence they wish to believe, so long as the evidence they rely on is "substantial evidence." Substantial evidence is evidence that a reasonable person could rely on to support a conclusion.)

• Read Gresham First's petition for review

• Read Wal-Mart's petition for review

• Read Gresham First's written response to Wal-Mart's arguments

Wal-Mart did not request that LUBA overturn the Hearings Officer decision -- instead they requested a remand on the issue that they lost on - travel time analysis. Our legal team was able to successfully rebut issues raised by Wal-Mart, none of which were new. The worst case scenario is that the decision is sent back to the City of Gresham (remand). LUBA members asked good questions, and we are hopeful that they will agree with our findings--there were some critical issues that were mishandled by both the City and Wal-Mart. It is very likely that the applicant's appeal will be denied. Neither outcome would be a loss for the community.

The Board’s final order on the Gresham Wal-Mart case is due March 15, 2007. The order will end with one of the following actions:

* "Affirm" (uphold) the challenged decision; MOST LIKELY OUTCOME
* "Reverse" (overrule) the challenged decision; VERY UNLIKELY
* "Remand" the challenged decision (return it to the local government or special district for further action); POSSIBLE
* "Dismiss" the appeal VERY UNLIKELY

Can a LUBA decision be appealed?

Yes. Any party can appeal LUBA´s decision to the Oregon Court of Appeals. A petition for judicial review must be filed in the Court of Appeals within 21 days after the date LUBA mailed its final opinion and order.