YEAH! GO, MY HOME TOWN!
Court won’t hear Wal-Mart appeal (3:15 p.m.)
Because of an error in postage, the state Court of Appeals has declined to hear Wal-Mart’s appeal of a decision about its proposed Central Point store. An Appellate Court Records spokeswoman confirmed today that the case was dismissed because the retail giant’s intent to appeal was delivered to the city of Central Point and the citizens group Central Point First using first-class postage when it should have been sent by certified mail. That meant the document was “not considered to have been timely filed,” said the spokeswoman, who did not give her name.
Central Point Community Development Director Tom Humphrey said that the city received notice from its attorney, land-use attorney Bill Kabeiseman, that the case had been dismissed. “Our attorneys picked up on the fact it was sent by first-class mail, so they went ahead and asked the appellate court to dismiss it at that point," said Humphrey.
Wal-Mart media spokesman Eric Berger voiced frustration that the Wal-Mart “side of the story” will not yet be heard due to a simple technicality. “I think, certainly, we were looking forward to presenting our case to the Court of Appeals,” Berger said, "because we felt that our side of the story has merit.”
Wal-Mart’s appeal was in response to a decision this year by the state Land Use Board of Appeals upholding an earlier denial of the proposed 207,000-square-foot Supercenter planned at the corner of East Pine and Hamrick streets. Wal-Mart purchased the property from Naumes Inc. just days after the state Land Use Board of Appeals decision to affirm denial of the store.
— Buffy Pollock
http://www.mailtribune.com/update/update.html#wal-mart