34-84-Order Recorded 2/19/1980BEFORE THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON
FOR DESCHUTES COUNTY
In the Matter of Preliminary Plat )
4509, Starwood Mobile Home Subdivision, ) ORDER
Tom Pickett, Applicant )
This matter came before the regular term of the Board of County Commissioners on
October 17, 1979, on the appeal of Ralph Reynolds of the decision of the Deschutes
County Planning Commission dated July 25, 1979, and the adoption of findings of fact
on August 8, 1979. That decision reversed the denial of the application by the Hearings
Officer dated March 23, 1979.
Paul Speck, Esq. represented the appellant, Ralph Reynolds; Lynn Jarvis, Esq.
represented the applicant, Tom Pickett.
Commissioner Paulson declined to participate in the appeal upon being challenged
by the applicant for bias and prehearing contacts. He denied bias and that any pre-
hearing contacts had prejudiced him at all, however, he declined to participate because
of the appearance of bias created by his past involvement with a group called "Keep
Deschutes County Liveable," which had appealed the granting of Conditional Use 77-66,
which concerned this same project. He distinguishes this decision from the decision to
participate in the related Board review of Site Plan 79-6 on the ground that in this
case there is an appellant who can seek resolution of the legal issues in the case by
proceedings before the Land Use Board of Appeals and the courts, even if the Board is
unable to arrive at a decision on this appeal in his absence.
The two Commissioners remaining to hear the case are unable to agree on findings
of fact or a decision.
NOW, THEREFORE, IT IS HEREBY ORDERED that the actions of the Planning Commission
of July 25, 1979 and August 9, 1979 approving Preliminary Plat 4509 and adopting findings
are declared to be a final decision by the County.
DATED this 'day of February, 1980.
Distribution:
Planning Dept.
Planning. Commission
Lynn Jarvis, Esq.
Paul Speck, Esq.
County Counsel
c
OBERT C. PAULSON, JR., Co ssioner
PAGE -1- ORDER
BOARD OF COUNTY COMMISSIONERS