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No additional appeals filed in Walmart case

DALLAS -- Nearly a year after plans were first submitted to the city of Dallas, it looks as though Walmart'sproposed expansion will be moving forward.

DALLAS -- Nearly a year after plans were first submitted to the city of Dallas, it looks as though Walmart's proposed expansion will be moving forward.

Opponents of the expansion, Neighbors for Dallas, Lydia Graber, Jeremiah Mulder and Randall Houser, have decided not to pursue further appeals of Walmart's plan to expand the store.

Concerned for the impact increased traffic would have on the area surrounding the store, among other issues, the petitioners previously filed two appeals in the case.

The first appealed the Dallas Planning Commission decision to approve expansion plans, which was held before the Dallas City Council in March. The council upheld the decision, which led to the second appeal to the state Land Use Board of Appeals (LUBA). A hearing was held in June and LUBA also upheld the city's ruling in an opinion issued in July.

The petitioners had 21 days to file an appeal to the Oregon Court of Appeals after LUBA's opinion was issued, but declined to do so, according to their attorney, Sean Malone.

"Petitioners still feel strongly about the traffic impacts that will fall upon the residents of Dallas, but ... petitioners have decided not to pursue an appeal," Malone wrote in an e-mail response.

Jason Locke, Dallas' community development director, said Walmart is now free to submit building permit applications for its plans, though none have been received yet.

Walmart submitted plans in September 2011 for an 18,317-square-foot expansion of its Dallas store. The expansion will entail adding a full-service grocery section, a facade makeover, an interior remodel, a reconfiguration of the store's parking lot, and closing its oil change and tire service center.

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