Mail Tribune
A ruling by the Oregon Court of Appeals Wednesday could boost Walmart's plans to build a Supercenter in south Medford.
The court affirmed the city of Medford's decision not to require a new traffic analysis from Walmart, reversing a June 1 decision by the Oregon Land Use Board of Appeals.
The world's largest retailer has attempted to build a 176,500-square-foot store adjacent to the South Gateway shopping center on the site of the old Miles Field for the past six years.
Once permits are approved, Walmart could build the store within 10 to 12 months, said spokeswoman Karianne Fallow. It would employ about 300 people, with 75 percent being full-time jobs, she said. "If it is appealed to the (Oregon) Supreme Court, that is another delay in the process," Fallow said.
She said Walmart is pleased with the court ruling, saying it demonstrates that the company has complied with all local codes.
In June, LUBA agreed with Walmart opponents Medford Citizens for Responsible Development that the city's codes failed to account for the impacts of large-scale development on traffic.
The Court of Appeals, however, ruled LUBA's decision was unlawful because the city's code doesn't specify that a traffic analysis is required prior to development.
The appeals court found that both parties presented plausible interpretations of the city's code, though neither side covered all aspects of the code. Without a compelling argument from either side, the court said LUBA must affirm the city's interpretation.
Mayor Gary Wheeler said the court ruling was a strong one in favor of the city.
"This is the code we've been using for 20 some odd years," he said. "It just reaffirmed what we thought we wrote."
Wheeler said the city requires a traffic analysis at the time the zoning is changed on the property, not prior to development, which he said was the crux of the argument presented to the court.
Based on the city attorney's interpretation of the ruling, Wheeler said it appears the city is in a solid legal position against the opponents.
"It doesn't seem like they would have much of an ability to win an appeal," he said. "But, it's up to them."
He said the area has changed quite a bit since Walmart first proposed the store, with a new interchange opened and with Barnett Road being improved. In addition, the city will be upgrading both Garfield and Holly streets to improve traffic circulation.
Wendy Siporen of Medford Citizens for Responsible Development said she hadn't reviewed the court ruling, but wasn't authorized to speak on behalf of the group.
Another member, Ivend Holen, couldn't be reached for comment Wednesday afternoon.
Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.
