Wallowa County commissioners set to hear Dollar General appeals

Published 11:00 am Saturday, June 1, 2024

ENTERPRISE — The Dollar General controversy is headed back to the Wallowa County Board of Commissioners.

The commissioners have scheduled a public hearing for Wednesday, June 5, at 11 a.m. to consider appeals regarding the store, now open on the outskirts of Wallowa. The hearing will take place in the Thornton Conference Room of the Wallowa County Courthouse at 101 S. River St., Enterprise.

The public is welcome to attend in person or via Zoom at https://tinyurl.com/comishappeal0605. The meeting ID is 813 2296 5324 and the passcode is 008659.

At issue in the hearing are decisions by the county’s Planning Department to grant a zone permit for the store and a related lot-line adjustment. A group of appellants, spearheaded by Michael and Monica Eng of Lostine, appealed those decisions to the county Planning Commission, which denied the appeals.

Now, the appellants are appealing those denials to the Board of Commissioners. In addition, representatives of Dollar General have filed “cross-appeals” in the matter, arguing that the Planning Commission erred in deciding to grant standing to the appellants.

A separate appeal, from Joseph resident Alicia Zinni, argues that the Planning Department improperly used what’s known as a “ministerial review,” which allows local planning staff to make land-use decisions based on clear and objective standards, in deciding to grant the permit and the lot-line adjustment. Ministerial reviews do not require public notices or hearings; Zinni argues that affected parties did not receive adequate public notice.

All of those issues will be on the table when the commissioners meet on June 5.

The commissioners must also decide whether the June 5 hearing will be “on the record” or “de novo.” In an “on-the-record” hearing, the commissioners’ decision would be based solely on the evidentiary records compiled by the Planning Commission. Such a review would not incorporate new evidence or public comment and is the default process for the hearing. However, the commissioners could opt to hear the appeals “de novo,” which would allow for additional evidence and public comment.

Any decision from the commissioners could be appealed to the Land Use Board of Appeals, and from there, to the Oregon Court of Appeals.

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