HomeMy WebLinkAboutExhibit F - LUBAJAN -17-2008 THU 03:14 PM COUNTY COUNSEL
FAX NO. 541 617 4748 P, 02
1 BEFORE TI IF,, LAND USE BOARD OF APPEALS
2 OF THE STATE OF OREGON
3
4 ANNUNZTATA GOULD,
5 Petitioner,
6
7 vs.
t., 1 7 rincia
8
9 DFSCTTUTES COUNTY,
10 Respondent,
11
12 and
13
.14 T IORNBURGII RESORT COMPANY, LLC and
15 CENTRAL OREGON IRRIGATION DISTRICT,
16 Intervenor-Reslporndernts,
17
18 LU13A No. 2006-100
19
20 STEVE MUNSON,
21 Petitioner;
22
23 vs.
24
2.5 • DESCHUTES COUNTY,
26 Respondent,
27
28 and
29
30 TI•IORNBURGTT RESORT COMPANY, LLC and
31 • CENTRAT, OREGON IRRIGATION DIS-T'RICT,
32 Intervenor -Respondents.
33
34 LUBA No. 2006-101
35
36 FINAL OPINION
37 AND ORDER
38
39 On remand from the Court of Appeals.
40
41 Paul D. Dewey, Benet, represented petitioner Gould.
42
43 Jannclt Wilson, Eugene, represented petitioner Munson.
44
45 Lauri. E. Cragheacl, Assistant County Legal Counsel, Bend, represented respondent.
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L?',.i;I
EXHIBIT F
4AN-17-2008 THU 03:14 PM COUNTY COUNSEL
FAX 110, 541 617 4748 P. 03
2 Peter Livingston, Portland, represented intervenor -respondent Thornburgh Resort
3 Company, LLC.
4
5 Elizabeth A. Dickson and •Jennifer L. Coughlin, Bend, represented intervenor -
6 respondent-Ceiitral Oregon hrigation District.
7
8 Renee Monlun, Assistant Attorney General, Salem, represented Oregon Water
9 Resources Department.
10
11 11OLSTUN, Board Chair; BASSCIAM, Board Member; RYAN, Board Member,
12 participated in the decision.
13
14
15 REMANDi:U 01/15/2008
16
17 You are entitled to judicial review of this Order. Judicial review is governed by the
18 provisions ()FORS 197.850.
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4AN-17-2008 THU 03:14 PM COUNTY COUNSEL
FAX N0. 541 617 4748 P. 04
1 Opinion by l lolstun.
• 2 This appeal is before us on remand from the Court of Appeals. Gould v. Deschutes
3 County, 54 Or LUBA 205 (2007), rev'd and remanded 216 Or App 150, 171 P3d 1017
4 (2007)_ This appeal concerns a destination resort. -Deschutes County Code (DCC)
5 18.113.070(D) requires that the proposed destination resort's negative impacts on fish and
6 wildlife= resources must be "completely mitigated so that there is no net loss or net
7 degradation of the resource." To comply with DCC 18.11 3.070(D), the applicant submitted
8 reports and a memorandum of understanding with the federal Bureau of Lard Management.
9 En petitioner Gould's eleventh assignment of error and petitioner Munson's fourth assignment
10 of error, petitioners argued that the county erred in finding that those submittals were
11 sufficient to demonstrate compliance with DCC 18.113.070(D) mitigation standard, LUBA
12 agreed with the county and intervenor -respondent Thornburgh that those submittals were
13 sufficient and denied those assignments of error. 54 Or LUBA at 257-62.
14 On appeal to the Court of Appeals, petitioners argued that the particulars of the
15 applicant's wildlife impact mitigation plan were not sufficiently known for the county to find
16 that the DCC 18.113.070(D) mitigation standard will be met. Petitioners argued that Li.JI3A
17 erred in concluding otherwise and that LUBA erred in denying petitioner Gould's eleventh
18 assignment of error and petitioner Munson's fourth assignment of error. The Court of
19 Appeals agreed with petitioners,
20 The county's decision is remanded in accordance with (1) our initial decision, which
21 sustained petitioner Gould's third assignment of error and sustained petitioner Gould's first,
22 fourth, and eighth assignments of error, in part, and (2) the Court of Appeals' decision that
23 LUBA. improperly denied petitioner Gould's eleventh assignment of error and petitioner
24 Munson's fourth assignment of error,
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JAN -17-2008 THU 03:14 PM COUNTY COUNSEL
FAX NO. 541 617 4748 P. 05
Certificate of Mailing
1 hereby certify that 1 served the foregoing Final Opinion and Order for LUBA No. 2006--
100/101 on January 15, 2008, by mailing to said parties or their attorney a tnie copy thereof
contained in a scaled envelope with postage prepaid addressed to said parties or their attorney
as follows:
Eli rabeth A. Dickson
1lurley, Re & Gruetter PC
747 SW Mill View Way
Bend, OR 97702
Jannctt Wilson
Goal One Coalition
642 Charnelton Suite 100
;ugeno, OR. 97401
Laurie, E.• Crab;head
Assistant. 1_cgal Counsel
1.)eschutes County Legal Counsel
1300 N W Wale Street Suite 200
Bend, OR 97701-1960
Paul 1). Dewey
Attorney at Law
1539 NW Vicksburg Ave
Bend, OR 97701
Peter Livingston
Sc1i•svnbe,. Willi unison & Wyatt PC
1211 SW Fifth Avenue, Suite 1600
Portland, OR 97204
Renee M6ulun
Department of Justice
1162 Court Street Nli
Salem, OR 97301
Dated this 15th day of January, 2008.
Burgess
octal
Debra A. J:rye
Executive Support Specialist