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C.O. LANDWATCH v. JEFFERSON CO -UPDATE

9/10/23, 11:45 AM

UPDATE

CENTRAL OREGON LANDWATCH v. JEFFERSON COUNTY

REMAND

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Last Friday (9/8/23), the LAND USE BOARD OF APPEALS (LUBA) issued their OPINION AND ORDER regarding the MacPherson zone change request. The matter has been REMANDED.

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Jefferson County Community Director Scott Edelman told Ranch Matters what LUBA’s decision means:

“They (LUBA) didn’t uphold or overturn the county’s decision, but determined that stronger findings are necessary, specifically in regard to the goal exceptions.”

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REWIND

In our 1/29/23, UPDATE, we reported that the Jefferson County Board of Commissioners held two public hearings regarding the MacPherson’s family re-zoning application.

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On December 14, 2022, the re-zoning application was approved by the Jefferson County Board of Commissioners and they made it official by signing the decision December 28, 2022.

LandWatch filed their Notice of Intent to Appeal with LUBA in Salem, Oregon.

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In our 1/29/23, report, Edelman provided the following explanation regarding LandWatch’s Appeal:

“It appears that Central Oregon LandWatch filed their Notice of Intent to Appeal within the 21- day appeal period for the County’s final decision on December 28. Here is the process with the Land Use Board of Appeals (LUBA):

1. Within 21 days after the Notice of Intent is filed with LUBA, the county has to file the complete record of the decision with LUBA.

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2. Within 14 days after receiving the complete record, any party can object to the contents of the record.

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3. Unless an objection is filed, within 21 days after receiving the record, the petitioner (LandWatch) must file a ‘Petition for Review’ (Petitioner’s brief). This sets for the reasons for the appeal.

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4. Within 42 days after LUBA receives the complete record, the respondent (the county or, in this case, the applicants attorney), submits a Respondent’s Brief.

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5. Once all the steps are complete, LUBA will hold a hearing in which all parties can present oral arguments-this is generally scheduled to take place about two weeks after the Respondent’s Brief is due.

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6. LUBA issues a written decision.”

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Edelman added: “The written decision, called an Order, will end with one of the following actions:

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* ‘Affirm’ (uphold) the challenged decision;

* ‘Reverse’ (overrule) the challenged decision;

* ‘REMAND’ the challenged decision (return it to the county for further action;

* ‘Dismiss’ the appeal; or ‘Transfer’ the appeal to the circuit court.

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A REMAND is pretty common result-this is when LUBA finds a limited number of ‘errors’ in the decision. It is sent back to give the jurisdiction the opportunity to correct these…”

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RANCH MATTERS STAFF

JOHN STEVENS & DAVE STANGLAND

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