HomeMy WebLinkAbout2008-03-12 Business Meeting MinutesDeschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701 -1960
(541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org
MINUTES OF BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, MARCH 12, 2008
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Michael M Daly, Dennis R. Luke and Tammy
Melton. Also present were Dave Kanner, County Administrator; Erik Kropp,
Deputy County Administrator; George Kolb and Scott Freshwater, Road
Department; Teresa Rozic, Property Management; Dan Peddycord, Health
Department; Laurie Craghead, Legal Counsel; Tom Anderson, Chris Bedsaul and
George Read, Community Development Department; Anna Johnson,
Communications; Nancy Blankenship, Clerk; media representative John
Bellimore of KOHD TV and five other citizens.
Chair Luke opened the meeting at 10:00 a.m.
1. Before the Board was Citizen Input.
George Kolb introduced Scott Freshwaters, who has completed thirty years of
service at the County. Mr. Freshwaters introduced his wife of 32 years, and
discussed their plans for retirement.
The Board introduced Dan Peddycord, who they recognized for his ten years of
service to the County.
2. Before the Board was Consideration of Signature of Document No. 2008-
121, an Intergovernmental Agreement between Coos, Crook, Deschutes,
Douglas, Jefferson and Klamath Counties for the Loaning of Election
Tabulation Equipment and Software in Case of an Emergency.
Minutes of Board of Commissioners' Business Meeting Wednesday, March 12, 2008
Page 1 of 7 Pages
Nancy Blankenship said that this involves an agreement that would come into
play if one of the participating counties has an emergency with its election
equipment.
All of the County Counsels involved have reviewed and approved this
agreement. Laurie Craghead said there is a termination provision of 30 days
and the agreement can be amended as needed in the future.
DALY: Move approval.
MELTON: Second.
VOTE: DALY: Yes.
MELTON: Yes.
LUKE: Chair votes yes.
3. Before the Board was Consideration of Signature of Document No. 2008-
125, a Lease Agreement with the Latino Community Association.
Teresa Rozic gave an overview of the agreement. During the past year the
group has occupied County space in exchange for interpretation services. They
wish to remain in the location at $200 per month.
Commissioner Daly asked if the interpretation services would now be charged
to the County; Ms. Rozic replied they will continue to provide these services at
no cost.
MELTON: Move approval.
DALY: Second.
VOTE: DALY: Yes.
MELTON: Yes.
LUKE: Chair votes yes.
4. Before the Board was Consideration of Signature of Order No. 2008 -022,
Regarding an Appeal of the Hearings Officer's Denial of a Proposed 7 -Lot
Subdivision (Files MA -07 -5 & TP -06 -983; Applicant: Kennel).
Chris Bedsaul gave a brief overview of the item. Staff has recommended that
the Board deny this appeal. A letter was received today from the applicants'
attorney; he read part of the letter to the Board. They asked that this be
continued until the courts have had an opportunity to address Measure 49 cases.
Minutes of Board of Commissioners' Business Meeting Wednesday, March 12, 2008
Page 2 of 7 Pages
Ms. Craghead said there is a pending lawsuit; but there is no vested rights
decision in this case. The Board could put this on hold if desired, however.
There is not much of a benefit for the County to hold onto this application
because it could take considerable time for this to be addressed.
Commissioner Melton asked if continuing it could save the Kennels any money.
Ms. Craghead said she didn't think it would make a difference in the long term.
She added that a court decision on another case could make a difference,
however. They may ultimately have to choose between pursuing a Measure 37
claim or a Measure 49 claim.
Commissioner Luke stated that he is in favor of a denial, which may open other
options for the Kennels. He also disclosed that he has had a working
relationship with the Kennels in the past. The also have a deposit on hand with
the County that can't be returned to them if this is on hold.
MELTON: Move to put this decision on hold for up to one year.
DALY: Second.
VOTE: DALY: Yes.
MELTON: Yes.
LUKE: Chair votes no. (Split vote.)
5. Before the Board was Consideration of Signature of Order No. 2008 -023,
Correcting Clerical Errors in Previously Adopted Ordinances.
MELTON: Move approval.
DALY: Second.
VOTE: DALY: Yes.
MELTON: Yes.
LUKE: Chair votes yes.
6. Before the Board was Consideration of Chair Signature of Document No.
2008 -130, Oregon Department of Land Conservation and Development
Technical Assistance Grant # TA -R -09 -178, regarding a Steering
Committee for the South County Groundwater Protection Program.
Minutes of Board of Commissioners' Business Meeting Wednesday, March 12, 2008
Page 3 of 7 Pages
Tom Anderson explained the grant award is related to the groundwater in South
County but is not part of the grant. This would allow stakeholders to evaluate
the "red" lots in the area in regard to future development. If all 1,500 of those
lots developed under an alternative scenario for septic systems, there are severe
implications for the groundwater in the area. This will help the County get
better information on the issue.
Commissioner Melton asked if the revenue had been budgeted; it has. Mr.
Anderson added that this should and can be done regardless of whether the local
rule is eventually adopted. Doug White from DLCD, who was in the audience,
was acknowledged for his help in putting this together.
Ms. Craghead thanked the Attorney General who worked with her on this
document. Commissioner Luke observed that DLCD's interest and
participation is appreciated.
MELTON:
DALY:
VOTE:
Move approval.
Second.
DALY: Yes.
MELTON: Yes.
LUKE: Chair
Before the Board was Consideration of the Consent Agenda.
Commissioner Daly asked about the Fair & Expo Construction Fund. Mr.
Kanner replied that the RV Park construction fund is being closed out. There is
money in one line item and not another, so the funds will be transferred
between line items.
MELTON: Move approval of the Consent Agenda.
DALY: Second.
VOTE: DALY: Yes.
MELTON: Yes.
LUKE: Chair votes yes.
CONSENT AGENDA
7. Signature of Resolution No. 2008 -028, Transferring Appropriations within the
Fair & Expo Construction Fund
Minutes of Board of Commissioners' Business Meeting Wednesday, March 12, 2008
Page 4 of 7 Pages
8. Signature of Resolution No. 2008 -029, Transferring Appropriations within the
Sheriff's Asset Forfeiture Fund
9. Approval of Minutes:
• Business Meetings: February 13, 25 and 27; March 5
• Work Sessions: February 20; March 3 and 5
10. Economic Development Grant Request:
• $2,000 for the La Pine Community Kitchen — Commissioner Luke explained
that this came to the Commissioners as an emergency request, and the funds
have already been sent out.
CONVENED AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY
SERVICE DISTRICT
11. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the 9 -1 -1 County Service District in the Amount of $9,707.90.
DALY: Move approval, subject to review.
MELTON: Second.
VOTE: DALY: Yes.
MELTON: Yes.
LUKE: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION /4 -H
COUNTY SERVICE DISTRICT
12. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for the Extension /4 -H County Service District in the Amount of
$1,297.12.
MELTON: Move approval, subject to review.
DALY: Second.
VOTE: DALY: Yes.
MELTON: Yes.
LUKE: Chair votes yes.
Minutes of Board of Commissioners' Business Meeting Wednesday, March 12, 2008
Page 5 of 7 Pages
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
13. Before the Board was Consideration of Approval of Accounts Payable
Vouchers for Deschutes County in the Amount of $638,247.96.
MELTON: Move approval.
DALY: Second.
VOTE: DALY: Yes.
MELTON: Yes.
LUKE: Chair votes yes.
14. ADDITION TO THE AGENDA
Before the Board was Consideration of a Motion Removing from the
March 20, 2008 Property Auction a Property Identified as an Unassigned
Address off Greenwood Avenue (Tax Account #196844).
Teresa Rozic said that Commissioner Daly had spoken with the individual, Mr.
Rink, who is interested in the property. Commissioner Daly said that this
involves a sliver of property that is surrounded by this person's property, who
thought it was part of his property. Ms. Rozic called this a "remainder" parcel
which results when the parcels on either side were constructed in such a way to
create a gap. It is zoned CL and others are assessed at $50 per square foot. It
has been the Board's practice to apply the market rate to remainder properties
even if they are not buildable.
Mr. Kanner said that he feels this is the appropriate way to handle the situation.
DALY: Move that this parcel be removed from the auction.
MELTON: Second.
VOTE: DALY: Yes.
MELTON: Yes.
LUKE: Chair votes yes.
Being no further items to come before the Board, Chair Luke adjourned the
meeting at 10:45 a.m.
Minutes of Board of Commissioners' Business Meeting Wednesday, March 12, 2008
Page 6 of 7 Pages
DATED this 12th Day of March for the Deschutes County Board of
Commissioners.
ATTEST:
Recording Secretary
Dennis R. Luke, Chair
Tammy (Baney) Melton, Vice Chair
Mic ael . Daly, Co
Minutes of Board of Commissioners' Business Meeting Wednesday, March 12, 2008
Page 7 of 7 Pages
-TES
0
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701 -1960
(541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., WEDNESDAY, MARCH 12, 2008
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
1. CITIZEN INPUT
This is the time provided for individuals wishing to address the Board, at the Board's
discretion, regarding issues that are not already on the agenda. Citizens who wish to speak
should sign up prior to the beginning of the meeting on the sign -up cards provided. Please
use the microphone and also state your name and address at the time the Board calls on you
to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject
of a public hearing will NOT be included in the record of that hearing.
2. CONSIDERATION of Signature of Document No. 2008 -121, an
Intergovernmental Agreement between Coos, Crook, Deschutes, Douglas,
Jefferson and Klamath Counties for the Loaning of Election Tabulation
Equipment and Software in Case of an Emergency — Nancy Blankenship, Clerk
3. CONSIDERATION of Signature of Document No. 2008 -125, a Lease
Agreement with the Latino Community Association — Teresa Rozic, Property
Management
4. CONSIDERATION of Signature of Order No. 2008 -022, Regarding an
Appeal of the Hearings Officer's Denial of a Proposed 7 -Lot Subdivision (Files
MA -07 -5 & TP -06 -983; Applicant: Kennel) — Chris Bedsaul, Community
Development Department
5. CONSIDERATION of Signature of Order No. 2008 -023, Correcting Clerical
Errors in Previously Adopted Ordinances — Chris Bedsaul, Community
Development Department
Board of Commissioners' Business Meeting Agenda Wednesday, March 12, 2008
Page 1 of 6 Pages
6. CONSIDERATION of Chair Signature of Document No. 2008 -130, Oregon
Department of Land Conservation and Development Technical Assistance
Grant # TA -R -09 -178, regarding a Steering Committee for the South County
Groundwater Protection Program — Tom Anderson, Community Development
Department
CONSENT AGENDA
7. Signature of Resolution No. 2008 -028, Transferring Appropriations within the
Fair & Expo Construction Fund
8. Signature of Resolution No. 2008 -029, Transferring Appropriations within the
Sheriff's Asset Forfeiture Fund
9. Approval of Minutes:
• Business Meetings: February 13, 25 and 27; March 5
• Work Sessions: March 3 and 5
10. Economic Development Grant Requests
• $2,000 for the La Pine Community Kitchen
CONVENE AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY
SERVICE DISTRICT
11. CONSIDERATION of Approval of Accounts Payable Vouchers for the 9 -1 -1
County Service District
CONVENE AS THE GOVERNING BODY OF THE EXTENSION /4 -H
COUNTY SERVICE DISTRICT
12. CONSIDERATION of Approval of Accounts Payable Vouchers for the
Extension /4 -H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
13. CONSIDERATION of Approval of Accounts Payable Vouchers for
Deschutes County
Board of Commissioners' Business Meeting Agenda Wednesday, March 12, 2008
Page 2 of 6 Pages
14. ADDITIONS TO THE AGENDA
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7 -1 -1 to access the state transfer relay service for TTY.
Please call (541) 388 -6571 regarding alternative formats or for further information.
FUTURE MEETINGS:
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners ' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions
regarding a meeting, please call 388- 6572.)
Tuesday, March 11, 2008
9:00 a.m. Regular Department Update — Health Department
Wednesday, March 12, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, March 13, 2008
11:00 a.m. Meeting regarding Selection of Owners Representative — Jail Construction Project
Monday, March 17, 2008
1:30 p.m. Administrative Work Session — could include executive session(s)
Tuesday, March 18, 2008
7:30 a.m. Bend Chamber of Commerce Forecast Breakfast, at Bend Country Club
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
Board of Commissioners' Business Meeting Agenda Wednesday, March 12, 2008
Page 3 of 6 Pages
Wednesday, March 19, 2008
10:00 a.m. Special Board Meeting — Thornburgh Conceptual Master Plan Remand
1:30 p.m. Administrative Work Session — could include executive session(s)
6:00 p.m. Public Hearing regarding South County Groundwater Issues, La Pine High School
Thursday, March 20, 2008
8:30 a.m. Regular Department Update — Assessor
9:00 a.m. Regular Department Update — Community Justice
11:00 a.m. Annual Meeting with Black Butte Ranch Special Service District Board, at Black
Butte Ranch
Monday, March 24, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Tuesday, March 25, 2008
9:00 a.m. Interviews — Owners Representative for Jail Construction Project
5:00 p.m. (Tentative) Public Hearing regarding South County Groundwater Issues, La Pine
High School
Wednesday, March 26, 2008
7:00 a.m. Regular Meeting with the City of Redmond Council, Redmond Council Chambers
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, March 27, 2008
9:00 a.m. Regular Department Update — Fair & Expo
11:00 a.m. Regular Department Update — Commission on Children & Families
Monday, March 31, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
2:30 p.m. Drug Court Graduation Ceremony, at the Courthouse
Board of Commissioners' Business Meeting Agenda Wednesday, March 12, 2008
Page 4 of 6 Pages
Wednesday, April 2, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, April 3, 2008
8:00 a.m. Regular Meeting with the City of Sisters Council, in Sisters
9:30 a.m. Regular Update — Judge Fadeley
11:00 a.m. Regular Meeting with Congressional Staff
Monday, April 7, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Wednesday, April 9, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
5:30 p.m. (Tentative) Public Hearing on Proposed Sunriver Mall Project, at Sunriver
Thursday, April 10, 2008
12:00 noon Audit Committee Meeting
Tuesday, April 15, 2008
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
Wednesday, April 16, 2008
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, April 21, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Board of Commissioners' Business Meeting Agenda Wednesday, March 12, 2008
Page 5 of 6 Pages
Tuesday, April 22, 2008
7:00 a.m. Bend Chamber of Commerce Forecast Breakfast, Bend Country Club
Wednesday, April 23, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Monday, April 28, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Wednesday, April 30, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
5:30 p.m. Public Hearing on Proposed Sunriver Mall Project
Monday, May 5, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Wednesday, May 7, 2008
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session — could include executive session(s)
Thursday, May 8, 2008
7:00 a.m. Regular Meeting with the City of Redmond Council, Redmond Council Chambers
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7 -1 -1 to access the state transfer relay service for TTY.
Please call (541) 388 -6571 regarding alternative formats or for further information.
Board of Commissioners' Business Meeting Agenda Wednesday, March 12, 2008
Page 6 of 6 Pages
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701 -1960
(541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org
ADDITION TO AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, MARCH 12, 2008
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
CONSIDERATION of a Motion Removing from the March 20, 2008 Property
Auction a Property Identified as an Unassigned Address off Greenwood Avenue
(Tax Account # 196844)
B3RYANT,
LOVLIEN
JARVIS, PC
Al r�u:�i -v� .fir Lw,
Neil R. Bryant
Robert S. Lovlien
John A. Berge
Sharon R. Smith
John D. Sorlie
Mark G. Reinecke
Melissa P. Lande
Kitri C. Ford
Paul J. Taylor
Christopher A. Bagley
Kyle D. Wuepper
Jeremy M. Green
Helen L. Eastwood
Leanne Ryan -Nokell
BEND
591 S.W. Mill View Way
Mail: P.O. Box 880
Bend, Oregon 97709
Phone: (541) 382 -4331
Fax: (541) 389-3386
W W W.B WLAWYERS.COM
March 10, 2008
CHRIS BEDSAUL
DESCHUTES COUNTY COMMUNITY
DEVELOPMENT DEPT.
117 NW LAFAYETTE AVE.
BEND, OR 97701
Re: Delmar and Dolores Kennel — Measure 37 Subdivision
Deschutes County Comm. Development File No.: MA05- 5/TP06 -983
Dear Chris:
We recognize that Ballot Measure 49 has essentially eliminated the Measure 37
waivers that were acquired by Del and Dolores Kennel.
We also have serious doubts as to whether or not they have acquired a "vested
right" to continue with their subdivision plans, especially since an approval was
not granted prior to the effective date of Measure 49.
However, there is a lawsuit pending in Deschutes County filed by attorney Ed
Fitch, which has alleged that if an application had been filed prior to the
enactment of Measure 49, that the application should be measured by the land
use rules in effect at the time the application was filed. I am enclosing a copy
of that Complaint. You may very well have already seen this.
We would like to have this matter continued until such time as a court decision
has been rendered on this issue. This is probably going to be the only way that
the Kennels are going to be able to succeed in processing this subdivision
application.
We recognize that we are required to waive the 150 -day rule, which we do. We
also recognize that we should be responsible for the payment of renoticing the
hearing should we be able to conduct a hearing at some time in the future.
I would be happy to sit down and meet with you to review this matter. It just
doesn't make any sense to spend more time and money, on behalf of the
Applicant or the County, until such time as a ruling has been issue on this
theory.
MAR 1 2 2008
B RYA NT,
I.OVLIEN &
JARVIS, PC
1
Al
1,1.,151.1,111:1, 1"1,
Neil R. Bryant
Robert S. Lovlien
John A. Berge
Sharon R. Smith
John D. Sorlie
Mark G. Reinecke
Melissa P. Lande
Kitri C. Foul
Paul J. Taylor
Christopher A. Bagley
Kyle D. Wuepper
Jeremy M. Green
Helen L. Eastwood
Leanne Ryan-Nokell
BEND
591 S.W. Mill View Way
Mail: P.O. Box 880
Bend, Oregon 97709
Phone: (541) 382 -4331
Fax: (541) 389 -3386
W W W.BLJLAWYERS.COM
Chris Bedsaul
March 10, 2008
Page 2
I appreciate your cooperation in this matter.
Very truly yours,
byil-4,
ROBERT S. LOVLIEN
RSL /alk
cc: Mr. and Mrs. Del Kennel
3008-005 102.doc
1 f.
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3:
4
INT THE CIRCUIT COURT OF THE STATE OF OREGON
. 5 FOR THE COUNTY OF DESCHUTES
• 6 •FRANK L RENCHER, an individual and )
• i the FRANK L. RENCHER TRUST, )
I .. )
Plaintiffs, ) Case No.
8 . )
v. ) COMPLAINT (Declaratory-Relief)
9 . )
DESCHUTES COUNTY, a political ) CLAIM NOT SUBJECT TO
10 ! subdivision of the State of Oregon, ) MANDATORY ARBITRATION •
)
1•. . Defendant. )
12. Plaintiffs allege:
13 1.
14 ' Plaintiff,.Frank L. Rencher, is the beneficial owner of propertY located at -5792 NE 51,
15 . Redmond, Deschutes County, Oregon, which is in title to the Frank L. Rencher Revocable Trust.
16 :. ., 2. -
I 7 Deschutes County is a political subdivision of the:State of "Oregon:. - ..': • : .-.
. .-
18. • 3.
19: The property at issue is comprised of 40 acres. The description of the property is attached
20 as Exhibit 1 and incorporated by reference herein. •
21 4.
22 On or about July25, 2007, plaintiffs filed with Deschutes County a modified application for
23 an 8-Iot subdivision. This 8-lot subdivision was ultimately approved by the Board of County
24 Commissioners November 7, 2007. A copy .of that subdivision approval is attached hereto as
251
" Page 1 - COMPLANT (Declaratory Relief)
26. GAWF51 \EPF\01 CORPORAMOICorporateREN DEVELOPMENT, LLC‘Litigaticm!Cornplaint.01.wpd(mcm)
BRYANT, EMERSON & FIT :11,112
ATTORNEYS AT LAW
880 S.W. EVERGREEN AVENLA:
• • ' • RO: BOX 457
REDMOND, OREGON 97756-01 )3
TELEPHONE (501)548-2151
FAX (541) 548-1885
1 Exhibit 2 and incorporated by reference herein.
•
2 : 5.
3 The decision on that subdivision is a final decision and represents the approval by Deschutes
4 : County of the subdivision as being in conformance with all the standards and criteria applicable to
5 this application as of the date the application was filed.
6 6.
7.. 215.427(3) provides:
8 If the application was complete when first submitted or the applicant
submits the requested additional information within 180 days of the
9 • date the application was first submitted and the county has a
:. comprehensive plan and land use regulations acknowledged under
10 ORS 197.251, approval or denial of the application shall be based
upon the standards and criteria that were applicable at the time the
11 application was first submitted.
12: 7.
13 ORS 215.130(5) provides, in part, the following:
14 The lawful use of any building, structure or land . at the time of
enactment or amendment of any zoning ordinance or regulation may
15 be continued .:.
16 8.
•
17 Plaintiffs contend that the 8 -lot subdivision is already, by operation of law, a lawful use and
18 may be continued by the plaintiffs toward completion of all subdivision .improvements and
19 recordation of a final plat as well as issuance of building permits for the proposed lots. Deschutes
20 County either disagrees or is not sure whether or not the development is a lawful use under Oregon
21 law.
22 9.
23 . There is a•justiciable controversy between the parties which requires ° adjudication by the
24 court.
25
26
Page 2 = • COMPLAINT (Declaratory Relief)
G: \WP5I\EPF101 CORPORATE\01 Corporate \REN DEVELOPMENT, LLC1Litigation \Complaint.0l.wpd(mcm)
BRYANTI EMERSON & FITI .H, LLP
ATTORNEYS AT LAW.
8883.1N. EVERGREEN AVENUt
"PO. BOX 457
REDMOND. OREGON 97758-0113
TELEPHONE (541) 548 -2151
FAX (541) 54&1595
1 10. .
2 Plaintiffs do not have an adequate remedy at law.
3 WHEREFORE, plaintiffs pray for an order and judgment of this court establishing that
4 _ plaintiffs' 8 -lot subdivision is a lawful use by operation of Oregon law, and to award plaintiffs their
5 : costs and disbursements incurred herein.
6 I DATED this
day of December, 2007.
7 . !s! EDWARD P. FITCH
8
9:
10
11
12
13
14
15
16
17
18:
19
20
21
22
23
24
25
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EDWARD P. FITCH, OSB 78202
Of Attorneys for Plaintiffs
Bryant, Emerson & Fitch, LLP
P.O. Box 457
Redmond, OR 97756
Telephone: (541) 548 -2151
Facsimile: (541) 548 -1895
Efitch@redmond-lawyers.com
Page 3 - COMPLAINT (Declaratory Relief)
G:1WP51\EPF101 CORPORATE101Corporate\REN DEVELOPMENT, LLC \Litigation\Complaint.01.wpd(mcm)
BRYANT, EYIERSON & FT 'CH, MP
ATTORNEYS AT LAW
888 S.W. EVERGREEN AVEN lE
PO, BOX 457
REDMOND, OREGON 97758(, 103
TELEPHONE (541) 548-215
FAX (541) 548 -1895