2013-1114-Order No. 2013-034 Recorded 8/22/2013REVIE ~ED
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LEGAL COUNSEL
COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKpS
COMMISSIONERS' JOURNAL ,
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2043-1
3 i2i128 PM
08122120 , ,
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Remanding the John Johnson
Declaratory Ruling Application (DR-08-6) to the
County Hearing Officer
RECITALS
ORDER NO. 2013-034
John Johnson owned real property in the Redmond area and applied for and received from the County
and the State of Oregon waivers of land use regulations pursuant to Measure 37. In April 2006 Johnson applied
to the County for approval of a 40-lot residential subdivision to be developed in four phases. He received from
the County final plat approval in June 2007 and for Phase I in October, 2007. He applied for but did not receive
final plat approval for Phase II later that month. In December, 2007 Measure 49 became effective and in July,
2008 Johnson submitted an application with the County for a declaratory ruling (DR-08-6) to determine whether
in light of Measure 49 he had obtained a vested right to continue to develop his property consistent with the
approved and pending subdivision applications.
As part of the Declaratory Ruling process, the County Hearing Officer, Karen Green conducted a
hearing on September 23, 2008, received testimony and evidence, as well as legal arguments from the County
and Johnson's attorney, Ed Fitch. After the close of the evidentiary hearing Hearing Officer Green issued a
decision in January, 2009.
Dissatisfied with the County hearing officer's decision, Johnson timely filed with the Deschutes County
Circuit Court a Petition for Writ of Review. The Circuit Court held a hearing on the Petition for Writ of Review
and issued a decision in January 2010 vacating and remanding the County hearing officer's decision.
Deschutes County filed an appeal of the Circuit Court's decision with the Oregon Court of Appeals. The
parties submitted briefs and argued the case in 2010 and in response to a request by the Court of Appeals the
parties submitted additional arguments in February 2011. The Court of Appeals issued a decision in March,
2012. The Court affirmed the Circuit Court's decision vacating the hearing officer's decision, but also vacated
the Circuit Court's decision, finding that the lower court had erred in that it rendered its own extensive findings
and circumscribed the scope of the hearing officer's future reconsideration.
In May, 2012 based upon the decision by the Oregon Court of Appeals, the Deschutes County Circuit
Court issued a Judgment and remanded the case to Deschutes County (attached).
Following the circuit court remand of the case, the County and Johnson's attorney attempted but failed
to reach agreement on how the County would conduct the remand hearing, either by the original hearing officer,
Karen Green or by another County appointed hearing officer. In April, 2013 Johnson's attorney requested and
the County Board approved the attorney's withdrawal from the case. Mr. Johnson's surviving spouse (John
Johnson having passed away) has not advised the County whether she has retained new legal counsel.
Now that the Circuit Court has remanded the case, the County must issue a new decision regarding
Johnson's declaratory ruling application. Consistent with Board policy, specifically Order No. 2008-056, which
delegates final decision making authority on vested rights cases to county hearing officers, the Board believes
that it is in the public interest to direct the County Hearing Officer, Karen Green to conduct further proceedings
on DR-08-6.
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS
as follows:
PAGE 1 of 'I..-- ORDER NO. 2013-034
Section 1. The Declaratory Ruling Application submitted by John Johnson (DR-08-6), together with the
record of proceedings, as generally described in the recitals is hereby remanded to the County Hearing Officer,
Karen Green for further proceedings consistent with this order.
Dated this of , 2013
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
a'L' 4tj-~-
ALAN UNGER, Chair
ATTEST:
Recording Secretary
TAMMY BANEY, Vice Chair`-'
ANTHONY DEBONE, Commissioner
PAGE 2 OF 1- ORDER NO.2013-034
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Pi l 4:
IN THE CIRCUIT C-OURT OF THE STATE OF OREGON
FOR THE COUNTY OF DESCHUTES
,JOHN JOHNSON,
Petitioner-Respondent,
Case No. 09CV01 14AB
IV
DESCHUTES COUNTY, a political
subdivision of the State of Oregon, acting by
and through its Board of County
Commissioners,
Respondent-Appellant.
GENERAL. RiDGMENIT
R1 MAND TO DI'SCIRiTES COUNTY
BOARD OF COMMISSIONERS
This matter came before the Court following a remand from the Oregon Court cif Appeals
Case No. A] 44929.
And the Court finding that a remand from the Circuit Court is required for the Deschutes
County Board of Commissioners to reconsider the vesting matter based upon the decision of the
Court of Appeals.
The Court now hereby enters a General Judgment of remand to the Deschutes County
Hoard of C.owanissione -s consistent with the Court of Appcals decision in Case No. A144929.
DA'Z'ED this 7 _ day 04; 2012.
THE HON BLE ICfiAEL ADI i?1Z
RESPECTFULLY SUBMITTED BY:
1 DWARD P. FITCH, OSB 782026
LISA D.T. KLEMP, OSB 040012
Of Attorneys for Petitioner-Respondent
Bryant, Emerson & Fitch, LLP
P.O. Box 457, Redmond, OR 97756
Telephone: (541) 548-2151, Facsimile: (541) 548-1895
1-Citch )rdmond-lawyers.com
lisa c.r.edniond-14%k,'ers.com
Page 1 - (.,ENERA.L JUDGMENT' - RL;MAND 'I"O DESCHU'I'F-,S C(.)tJN'I'Y BOARD OF BKl'nN f ha1E:RSOn r~r( H, t.E.E'
COMMISSIONERS ATTORNEYS Al L-Aw
G •Chents\lf F Johnson, Jnhn'Jnhns(Ni)oltn REMAND,General Judgment - Remano.wpd 888 SW EVERGREEN !:VENUE
PO BOX 45
REDMONL) OR 97;'1,6-Q103
'I F,LE-11HONE (541)L4821'_,1
FAX(541)546 635
IN THE CIRCUIT COURT, STATE OF OREGON, COUNTY OF DESCHUTES
CIVIUDISSOLUTION STATUS/PRE-TRIAL
~ Status/Pre-trial date:_._
Case No:_
Case Name
PRESENT❑ BYPHONEPlalntlf: 10~
P
PRESENT ❑ BY PHONE ❑
Defendant:,----- __J;PESENT BY PHONE ❑
Y r PRESENT ❑ BY PHONE ❑
PRESENT 0 BY PHONE ❑
3rd Party:, PRESENT ❑ BY PHONE ❑
Fees: Trial fee due
Answer fee paid
Settlement possibility: Poor
Estimated length of trial:
Ready for trial? Trial date:
Status Conference:
New pre-trial Conference:
Settlement Conference:-
NOTES:
r
6 X.,
ERNEST J. MAZOROL, III
t " a TRIAL Court Administrator
OJIN Book ~ g 1 ~ ~ w~ }CC.•'f ~ ' ' 4.- ~ ~ 1. ~ ~ ~ by:............. ---------°--___.___-_..,.._..x..!
t'q" Wbution: Orig nal =Court f Copies: Plaintiff(s), Defendant(s)
.
1 i'" i 'j ~ jr. ( `.,E 4 I i,. k d i( ~l_,r P t~ (,t f!,t.`__. ~ .
Due by:
Fair Good Excellent
Court? 6 or 12 person jury?
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IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF DESCHUTES
1 JOHN JOHNSON,
Petitioner,
and
Case No. 09CVOI 14AB
MOTION AND ORDER TO
WITHDRAW
DESCHUTES COUNTY, a political
subdivision of the State of Oregon, acting
by and through its Board of County
Commissioners
Respondent.
Edward P. Fitch, and the law firm of Bryant, Emerson & Fitch, LLP, hereby move the
court for an order allowing them to withdraw as counsel for the reason that the personal
representative of the Estate of John Johnson, Marcella Johnson, has requested that the case be
closed.
DATED this day of April, 2013.
Edward P. Fitch, OSB 782026
Bryant, Emerson & Fitch, LLP
Of Attorneys for Plaintiff
P.O. Box 457, Redmond, OR 97756
Phone: 541548-2151, Fax: 541-548-1895
efitch k rdmond-lawyers.coni
ORDER:
IT IS HEREBY ORDERED that Edward P. Fitch and the law firm of Bryant Em rson.
& Fitch, LLP, shall be and hereby are allowed to withdraw as counsel for Plaintiff. c
-0
Dated this day of, 2013
CIRCUIT COURT JUDGE
BRYANT EMERSON & FITCH, LLP
Page 1 - MOTION AND ORDER TO WITHDRAW ATTORNEYS AT LAW
G.-\CGents\GPF\Johnson, John\Johnson,John Writ\Motion to W ithdraw.wpd 888 SW EVERGREEN AVENUE
PO BOX 457
REDMOND OR 97756.0103
TELEPHONE (541)548-2151
FAX (541) 548-1895