The decision is a partial win for a group of east-side residents who have fought the big-box store near 3300 South and Highland Drive since it was proposed. But attorneys for Home Depot have argued the lawsuit's result will be worse: a sea of asphalt and loss of a decorative fence.

Home Depot has started preliminary construction of the 120,000-foot store near the intersection, but an attorney for the residents requested Wednesday that the county stop any more work on the project.

"As I read the decision, it can't be built," said attorney Bruce Baird, noting he wonders where the additional parking spots will go.

Neither Home Depot attorneys, nor corporate representatives returned calls for comment Wednesday.

Judge Timothy R. Hanson ruled Tuesday that the county's Board of Adjustment erred when it didn't require enough parking spots to match the store's retail space. Home Depot had sought to exclude its garden center from the ratio of parking-to-retail, but Hanson says the law offers no exception.

Hanson also said county approval of a 3-foot-high fence within 20 feet of Highland Drive "unequivocally violates" county rules.

"It appears that these issues are fixable, including [with respect to parking spaces] the removal of landscaping or other amenities, if necessary," Hanson ruled in sending the case back to the Board of Adjustment.

Baird says adding 67 parking stalls likely is impossible. "I don't think they can take out enough landscaping to make it work."

For now, county Planning Director Jeff Daugherty says work can continue on the site, but that he is still evaluating the ruling. Deputy District Attorney Tom Christensen says the county will abide by the decision and "follow the judge's instructions."

The plaintiffs in the case were two residents: Julia Tillou and Dina Blaes, the Democratic candidate for the county's District 4 council seat.

tburr@sltrib.com