Salem Costco Opposition

In 2018 I took on representation of several local citizens opposed to the siting of a Costco in their neighborhood, in South Salem, Oregon. We were successful in persuading the City Council to reverse a Staff Decision approving the Costco. A copy of the testimony (with out the lengthy Exhibits) filed on behalf of my clients is at the link below. Also provided is an area Map that we submitted, as part of the testimony.

The case went up on appeal, by the developer, at the Land Use Board of Appeals (LUBA). Sadly, LUBA reversed on one ground raised by the developer, but it also affirmed that some of the issues we tried to raise were legitimate ones that the City Council could consider.

We appealed to the Court of Appeals, arguing that the developer's prior explicit representations (no "big box" stores and no gas station) should be binding now - even if they were not expressly incorporated into conditions of approval on a prior Rezone. The Court of Appeals disagreed. It found that because the prior City Council had not adopted express conditions of approval that incorporated the representations by the developer, they were not binding.

A copy of the Court of Appeals opinion is below.

This should be a good lesson for all. Do not allow the developer's attorney to write all the findings. Insist that your local government attorney include findings and express conditions based on the representations that the local elected officials relied upon in makng their decision. Had the City of Salem done that on the Rezone, the Council rejection of the current big box store with a 30 pump fueling depot could have been upheld.

Upon remand from the Court of Appeals, the City Council chose to back down and to approve the project. So ultimately, a Costco will be put in what almost everyone but the developer now agrees in an inappropriate location for such a store.