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Oregon’s Land Use Board of Appeals upheld the Portland City Council’s decision to greenlight the development of Live Nation Entertainment’s music venue on an empty parcel of land at the eastern end of the Hawthorne Bridge, dismissing concerns about pedestrian safety and public benefits.
Double Tee Concerts, an entity controlled by longtime Portland promoter David Leiken, petitioned LUBA to try and stop Live Nation from opening a venue in Portland, the last large American city without a Live Nation venue. Many bands represented by Live Nation skip Portland and play the Hayden Homes Amphitheater, a Live Nation venue in Bend.
The $50 million, 62,000-square-foot Live Nation project in Portland is being developed by two local firms, Beam Construction & Management and Colas Development Group. Live Nation, based in Beverly Hills, Calif., plans to operate it.
The project has drawn opposition from musicians and members of the City Council who say that Live Nation is a monopolist that uses its control of ticketing and promotion to box out competitors.
City Councilor Jamie Dunphy has opposed the project since before taking office in January, when he was a volunteer with MusicPortland, a local organization that advocates for musicians and independent venues.
“Everything about this proposal is wrong for Portland,” Dunphy said in an email today. “Removing a full city block from the industrial sanctuary, inviting 3,500 people multiple times per week to an area without parking, sidewalks, streetlights, or protected railroad crossings, and inviting a bad actor like Live Nation to continue their monopolistic behavior in yet another U.S. city is simply wrong.”
Dunphy says he is still “actively exploring ways to minimize or stop the damage that a Live Nation music venue in this location will bring to our community.”
Jonathan Malsin, owner of Beam Development, didn’t return an email seeking comment. Nor did a local spokeswoman for Live Nation.
Live Nation is being sued by the U.S. Department of Justice and 39 states, including Oregon, for its alleged anti-competitive practices. In March, Oregon Attorney General Dan Rayfield lauded a New York judge’s denial of a motion by Live Nation to dismiss parts of that lawsuit.
Getting approval for the venue has been a fight for Live Nation and its development partners. Last year, city staff recommended that it go forward. A hearings officer held a public hearing and agreed. Opponents appealed to the City Council, which held another hearing in September that lasted four hours. Before a crowd of 100, the old five-member council approved the project. Opponents then appealed to LUBA.
The land where the venue is slated to rise was owned by the Oregon Department of Transporation until 2017, when Prosper Portland, the city’s development agency, bought it using deferred tax revenue. In September, Prosper’s board voted to sell the land to Beam and Colas for $50 million.
The LUBA appeal means that two rival venue projects are on track. Anschutz Entertainment Group, owned by Colorado billionaire Phil Anschutz, is working with local promoter Monqui Presents to build a similar-sized concert hall in part of the Lloyd Center mall. Anschutz and Monqui plan to break ground this month.