The court handed down the decision on April 2

The Oregon Court of Appeals has ruled that the Land Use Board of Appeals was correct in denying an appeal by a Sherwood resident who said he wasn’t notified of a Sherwood Planning Commission meeting to build a future shopping complex where a Walmart store is now being built.

On April 2, the court handed down its decision, denying an appeal filed by Morteza Aleali of Sherwood against both the city and Langer Gramor, LLC.

Aleali initially appealed a case to LUBA last year, saying he owned land within 1,000 feet of what’s now known as Parkway Village at Sherwood, and wasn’t notified of the commission hearing. The state requires giving notice to those who live within 100 feet of a development although Sherwood’s code requires notification of anyone within 1,000 feet.

The city of Sherwood provided LUBA with an affidavit showing that Aleali was notified of the Planning Commission meeting and on Aug. 22, the land use board dismissed the appeal based on the fact that Aleali failed to file his appeal within 21 days of the decision becoming final.

The Sherwood Planning Commission, which did not know which retailers were moving into the complex at the time, gave approval for the site in November 2012.

When completed, the shopping complex will contain a 150,000-square-foot Walmart superstore with the remaining 46,500-square feet slated for restaurants, service retailers, medical service providers and possibly a bank. A late summer opening is planned.

Contract Publishing

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