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

In a decision announced on Thursday, Jan. 2, the Oregon Court of Appeals affirmed a previous appeals board ruling siding with the city of Wilsonville against Home Depot.

The court affirmed, without issuing an opinion, an October determination from the Oregon Land Use Board of Appeals, which 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.

If Home Depot appeals the latest decision to the Oregon Supreme Court, the state’s highest judicial body would decide whether to take up the case.

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

In denying repeated appeals for both applications, the city defined 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 operation would differ from Fry’s Electronics and would not be a “continuation of use.”

The Town Center Plan, which was adopted in 2019 and designed to make the city center more walkable with fewer parking lots and box stores, limits retailers from using more than 30,000 square feet of space in a building unless it is spread across multiple levels, in which case the building itself must still be under 30,000 square feet.

Fry’s Electronics’ operations on the property became nonconforming to city code when the plan was adopted but the store was allowed to continue because it existed prior to the updated code. The store closed in 2021.

“The city would like to thank the Court of Appeals’ time and consideration of this matter,” Wilsonville City Attorney Amanda Guile-Hinman said in a written statement.

Representatives for Home Depot did not respond to a request for comment.