Franklin v. Deschutes County

Wal-Mart Stores, Inc. (Wal-Mart) seeks review of LUBA’s remand of Deschutes County’s modification of the conditional use permit allowing Wal-Mart to develop a department store. We affirm.

The original permit was granted by a county hearings officer in 1993. Among the conditions that the hearings officer attached to the permit was that Wal-Mart complete certain road improvements and make certain -right-of-way dedications “prior to the opening of the proposed store.” In order to accomplish the road improvements, Wal-Mart needed to acquire land belonging to respondents Franklin (the Franklins).…