OR Supreme Court Walmart Hearing in Medford

MCRD, 13.05.2010 18:04

The Oregon Supreme Court will visit Southern Oregon next Tuesday, May 18, and hear oral arguments in five cases pending before the court, including a case involving the City of Medford and Walmart Corporation versus Medford Citizens for Responsible Development, scheduled to be argued at 9 AM at the North Medford High School auditorium. The "road show" arguments are part of the court's public outreach efforts, seeking to demystify the work of the state's highest court.

- Oregon Supreme Court -

Oregon Supreme Court to hold court in Medford and Ashland


The Oregon Supreme Court is visiting Medford this Tuesday, May 18, to hear oral arguments in a case pending before the court involving the

City of Medford and Walmart Corp. versus Medford Citizens for Responsible Development (MCRD), which is scheduled to be argued at 9 AM at the

North Medford H.S. Auditorium.

The Oregon Court of Appeals last year overturned an earlier Land Use Board of Appeals (LUBA) decision which had ruled for MCRD, and which

required the City of Medford to have a traffic study conducted prior to issuing permits to Walmart Corp. to construct a retail superstore at

the site of the old Miles Field Baseball Park. The Oregon Court of Appeals decided that LUBA had erred in its decision because it did not

defer to the interpretation of officials of the City of Medford that held that no current traffic study was necessary prior to granting

permits for construction. The Appeals Court held that LUBA must give deference to a governmental body's “plausible” interpretation of its

codes and regulations over any challenging interpretations.

The challenge to this Appeals Court ruling by MCRD is based upon the doctrine of fairness, and that the “plausibility” standard provided by

the Appeals Court is not materially different from a previously provided “not clearly wrong” standard, which was subsequently overturned.

MCRD's challenge of the Appeals Court ruling argues that a “plausibility” standard is unfair because it permits local government officials to

interpret codes and land use regulations arbitrarily and inconsistently. MCRD holds that a proper and fair standard would require the

consideration of the “text and context” of the codes and land use regulations in any interpretation. The text of the written appeal can be

viewed online at:  http://rogueimc.org/en/2009/12/15667.shtml

MCRD believes that if the Oregon Supreme Court decides in its favor, it will enhance the importance and potency of Senate Bill 100, which

provides Oregon's land use regulations, and send a message to local government officials that they don't have the power or authority to

weaken or ignore their own codes and land use regulations by “interpreting” them to mean little or nothing.

If MCRD is successful in this final appeal it will send an extremely powerful message to large and small citizens' groups across the country

that, with the help of country's judicial system, they can still prevail in their struggles with the unjust Goliaths of the governmental and

corporate world.

MCRD and its supporters will conduct a press conference at approximately 10 AM Tuesday following the Supreme Court Hearing at North Medford

High School.

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Parking at High School 14.05.2010 - 22:22 If possible, car pool to this event. Since May 18 is a school day, expect the NMHS lots to be full---very few visitor spaces--- and to park on side streets a couple of blocks away. There is lots of comfortable seating in the auditorium. anti-superstore momma> Homepage:: http://