34-71-Order Recorded 2/13/1980w 7t
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON
FOR DESCHUTES COUNTY
In the Matter of SP-79-6, )
Starwood Mobile Home Park, ) SUPPLEMENTAL ORDER
Tom Pickett, Applicant )
On August 23, 1979, the Board of County Commissioners entered an order in the above
matter stating its intention to revoke Conditional Use 77-66 and deny Site Plan 79-6
if it were judicially determined that it had the power to do so. It also ordered
County Counsel to initiate proceedings to seek such judicial determination. Pursuant
to that order, the Board filed Case Number 25746, Board of Commissioners of Deschutes
County vs. Tom Pickett and Valley Pacific Developers, Inc., in the Circuit Court of
the State of Oregon for Deschutes County, seeking a declaratory judgment on the issue
stated above. Defendant's motion to strike on the complaint in that case has been
granted. The Board declines to plead further or appeal in Case No. 25746.
Based on the findings of fact and conclusions of law adopted by the Board in this
matter on August 23, 1919, the Board further finds that it has the authority to treat
a previously granted conditional use as a nullity to the extent that that permit purports
to allow a use that is permitted neither conditionally nor outright in the zone, on
the ground that neither the Planning Commission nor this Board has jurisdiction to
grant such a permit.
NOW, THEREFORE, IT IS HEREBY ORDERED that for the reasons given in the findings
of fact and conclusions of law adopted by this Board on August 23, 1979, in the above-
entitled matter, Site Plan 79-6 is disapproved. Link v. City of Coos Bay, 23 Or.App.
648, 543 P. 2d 1082 (1975), ORS 215.223, 215.1101 215.050.
DATED this 13 day of February, 1980.
BOARD OF COUNTY COMMISSIONERS
V or TG J Aq
ALBERT A. Y G, Chairman
64
CLAY C. S ARD, Commi sioner
ROBERT C. PAULSON, JR., Co ssi ner
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