Court Rules with Developers, Forces City to Listen to Evidence

OREGON CITY, OR-Circuit Court Judge Steven Maurer has rejected this city’s motion to dismiss the appeal of a case filed by developers of the Trail’s End Marketplace here. The developers, Emmert/Brundidge, say they were overcharged $600,000 in transportation fees. Judge Maurer sent the case back to the city and ordered them to hold a hearing to hear the developers’ evidence of overcharging. The city is expected to hold the hearing in February or March, assistant city manager Bryan Cosgrove tells GlobeSt.com.

Meanwhile, Emmert/Brundidge’s requested jury trial on related alleged civil rights violations by the city is tentatively scheduled for June 12. The case is similar to the Dolan vs. City of Tigard, which went all the way to the US Supreme Court. Ruling in favor of the Dolans, the court determined the city must show a “rough proportionality” between the requirements it imposed on the Dolans’ development and the effect the store’s expansion would have on the city.