Land Use Board of Appeals Issues Decision on Wal-Mart

From the city of Gresham's web site:

Today LUBA issued a Final Opinion and Order on cases 2006-224/225 remanding the decision regarding Wal-Mart’s appeal regarding their application to build a supercenter at 182nd Avenue and Powell Boulevard back to City’s Hearings Officer Joe Turner.

According to LUBA, the Hearings Officer "misunderstood" Wal-Mart’s arguments regarding the opponents’ travel time analysis. LUBA decided that because of the technical nature of this issue and not knowing the extent to which the Hearings Officer’s decision to deny was based on his misunderstanding, it is best remand the decision back to the Hearings Officer. This will allow the Hearings Officer to evaluate his decision based on the correct understanding of Wal-Mart’s argument regarding travel time analysis and signal coordination.

The Hearings Officer has 90 days from the issue date of the order to make a final decision. LUBA did not dictate that the Hearings Office accept additional evidence or hold another hearing in this matter. The parties have 21 days from today to file an appeal with the Court of Appeal on LUBA’s final opinion and order.

LUBA’s report is available at the City’s Web site here: http://www.ci.gresham.or.us/w-m/20070404LUBAdecision.pdf