Tuesday, February 12 marked 60 days since the Oregon Court of Appeals reversed a decision by the Oregon Department of State Lands (DSL) to approve the use of a site in The Dalles for construction of a Super Wal Mart store. The three-judge panel also remanded the decision back to DSL for further work. In rendering the decision in December, Judge P.J. Armstrong cited the “core principle” that ” requires DSL to find that the public need for a proposed project predominates before DSL has the authority to issue a wetland fill and removal permit for the project. Because DSL found that it was inconclusive whether the project would address a public need, DSL lacked authority to issue the permit. Hence, DSL erred by granting the permit.”
We contacted the Department of State Lands to see what had happened since. DSC Communications Manager Ali Ryan Hansen replied by email “The other party has requested reconsideration from the court of appeals regarding their costs. That request stays the issuance of judgement, which is what begins the 60 day appeal window.
“When the appeals court issues an order on that matter, the 60 days begin. The Department of State Lands does intend to appeal the decision.”
The “other party” in this case would be Citizens for Responsible Development which has opposed the project through every step of the way in the 10 years since it was originally announced in October 2008.
Once the order is issued and DSL appeals the decision, it’s uncertain how quickly the court would rule on the case. The decision issued in December came more than two and a half years after oral arguments took place in 2016.