Wal-Mart loses appeal of Oregon town’s rejection

BEND, Ore. – A state board has ruled against a Wal-Mart store proposed for the north side of Bend, upholding a local hearing officer.

The Land Use Board of Appeals said city hearings officer Karen Green had substantial evidence in turning down the retail giant’s application.

Green rejected Wal-Mart’s application in January. She said the improvements Wal-Mart had agreed to do on nearby roads were not enough to offset the 12,764 trips a day the supercenter and seven other tenants were expected to generate.

Both Wal-Mart and an opponents group named Our Community First appealed, with the opponents objecting to parts of Green’s decision favorable to the retailer.

In a decision Friday, the land use board agreed with Wal-Mart that its evidence covered more ground and had more weight than the evidence submitted by Our Community First.

“However, LUBA’s role on review is not to determine which side’s evidence it finds to be weightier,” the board members said. “Our role is far more limited. We are limited to determining whether the hearings officer’s decision to rely on the opponents’ experts’ testimony in the way that she did is reasonable.”

The land use board did back two of Wal-Mart’s other arguments, but that did not affect its decision to uphold Green.

Wal-Mart has 21 days to appeal the land use board’s decision to the Oregon Court of Appeals.

Wal-Mart spokeswoman Jennifer Holder said she is unsure what the store’s next step will be.

Holder said the store has not considered another location in Bend.

“It is where we want to be and what best suits our customers,” she said.