Home Depot is not contesting the Oregon Court of Appeals decision preventing its use of the former Fry's Electronics building. 

After more than a year of dispute with the city of Wilsonville, Home Depot chose not to appeal the Oregon Court of Appeals decision preventing it from moving into the former Fry’s Electronics building.

Home Depot had 35 days to appeal the court’s decision, issued Thursday, Jan. 2, to the Oregon Supreme Court — the state’s highest court. If the company appealed, the Supreme Court would have decided whether to take up the case.

In its January determination, the Court of Appeals affirmed, without issuing an opinion, a previous decision by the Oregon Land Use Board of Appeals that agreed with the city’s denial of Home Depot’s attempts to open a new location in the former Fry’s Electronics building at 29400 Town Center Loop West.

Wilsonville City Attorney Amanda Guile-Hinman confirmed that the city had not received a petition for review from Home Depot in an email on Wednesday, Feb. 12.

Home Depot did not respond to a request for comment.

The company has been at odds with the city since it applied to use the space in 2023. The process involved two land use reviews, one confirming the existing nonconforming status of the former Fry’s Electronics property and the other deciding if Home Depot would qualify as a continuation of that use.

The city repeatedly denied appeals for both applications, defining the property as a “159,400 square foot electronics-related retail store” based on its operations in 2019. The city also determined that Home Depot’s operations would differ from Fry’s Electronics and would not be a “continuation of use.”