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LUBA suit -- claiming non-notification of future Walmart store -- dismissed


The Land Use Board of Appeals has dismissed an appeal by a Sherwood resident who claimed he wasnt notified of a Planning Commission meeting where what turned out to be a Walmart superstore was approve

The Oregon Land Use Board of Appeals has dismissed an appeal by a Sherwood resident who said he wasn’t notified of a Sherwood Planning Commission meeting regarding plans to build the shopping complex that will house a future Walmart.

On Aug. 22, the state board ruled to dismiss an appeal by Morteza Aleali based on the fact that he failed to file an appeal within 21 days after the decision became final. The Sherwood Planning Commission gave approval to the 190,000-square-foot Parkway Village at Sherwood in November 2012. The commission at the time was not told that Walmart would be the anchor store, which caused protests by some in the Sherwood community.

Aleali told the land-use board that neither he nor 33 residents who own land within the 1,000 feet of the development received notification of the hearing as required by city zoning and development code. However, the city sent the board an affidavit that showed Aleali had been notified.

“Given our disposition of this appeal, we will assume without deciding that the city did not send the notice required by (the Sherwood Zoning and Development Code) to petitioner,” the LUBA document stated.

Groundwork has already begun on Parkway Village at Sherwood, which is the site of the future Walmart, located on Langer Farms Parkway at Tualatin-Sherwood Road. However, no building permit has yet been issued.

Aleali said his attorney is still determining whether to appeal the issue before the Oregon Court of Appeals.

-- Ray Pitz