Home Depot U.S.A., Inc. v. City of Portland

Petitioner operates “large format retail uses” that, as usually configured, exceed 60,000 square feet in size. In 1999, the City of Portland amended its zoning ordinance to make retail facilities of that size nonpermitted in certain “industrial districts” where they previously had been conditionally permissible. The amendment also made the uses only conditionally permissible in certain “employment districts” where they had previously been permitted outright. The amendments did not affect the city’s “commercial districts,” in some of which the large format facilities are permitted. Further,…