HomeMy WebLinkAboutIntent to Appeal - Pilot Butte Canal Historic DesignationDESCHUTES COUNTY LEGAL COUNSEL
DAVID DOYLE
Legal Counsel
'ii'388-6625
TO: BOCC Date: April 23, 2015
RE: Pilot Butte Canal-Historic Designation File No. HS 14-1
Attached please find the Notice of Intent to Appeal submitted to LUBA by legal counsel for the
Pilot Butte Canal Preservation Alliance and Jeff Perreault. Also enclosed is a proposed
Stipulated Motion to extend.
Staff seeks approval from the BOCC to sign the Stipulated Motion.
Recall that one of the primary issues in HS 14-1 was the meaning of the term "owner." Very
recently LUBA and the Court of Appeals each considered that term and have come to two
different conclusions. The matter is now before the Oregon Supreme Court in the case of Lake
Oswego Preservation Society v. City of Lake Oswego.
Staff expects that the decision in the City of Lake Oswego case will have direct applicability to
HS 14-1 -and could, depending upon the outcome, be dispositive.
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BEFORE THE LAND USE BOARD OF APPEALS
OF THE STATE OF OREGON
PILOT BUTTE CANAL )
PRESERVATION ALLIANCE and )
JEFF PERREAULT, )
)
Petitioners, )
)
v. )
)
DESCHUTES COUNTY, )
)
Respondent. )
LUBA No. 2015
NOTICE OF INTENT TO APPEAL
I.
Notice is hereby given that petitioners intend to appeal a decision to deny
made by the Respondent Deschutes County on April 6, 2015, in the matter ofa
comprehensive plan amendment to designate a segment of the Pilot Butte Canal
as a Goal 5 historic resource, Deschutes County File Number 247 -14-000373-HS.
II.
Petitioners are represented by Carrie A. Richter and Jennifer Bragar,
Garvey Schubert Barer, 121 SW Morrison Street, 11 th Floor, Portland, Oregon
[
97204, telephone: (503) 228-3939. I
!III. I
!
Respondent Deschutes County has as its mailing address and telephone I
f
number: POBox 6005, Bend, Oregon 97708-6005; telephone (541) 388-6575. I
iDeschutes County has as its legal counsel David Doyle, whose address is 1300 I
}
NW Wa1l Street, Suite 205, Bend, Oregon 97701; telephone: (541) 388-6625. I
GARVEY SCHUBERT BARERPage 1 -Notice of Intent to Appeal j
A PARTNERSHIP OF PROFESSIONAL CORPORATIONS
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IV.
Persons mailed written notice of the land use decision by respondent as
indicated by the records are noted in Exhibit A attached hereto.
NOTICE:
Anyone designated in Paragraph IV of this Notice who desires to
participate as a party in this case before the Land Use Board of Appeals must
file with the Board a Motion to Intervene in this proceeding as required by
OAR 661-010-0050.
DATED: April 23, 2015.
GARVEY SCHUBERT BARER
By:=-~~~~__~~7.7~~_____
Carrie A. Richter, OSB #003703
Attorney for Petitioners
GARVEY SCHUBERT BARERPage 2 -Notice of Intent to Appeal
A PARTNERSHIP OF PROfESSIONAL CORPORATIONS
e/e~'en'h lloor
121 ,{)+' morr/,\"on .~/r(!el
P (I r I I and. 0 reg () n Y 7 2 () .j • J { .j I
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BEFORE THE LAND USE BOARD OF APPEALS
OF THE STATE OF OREGON
PILOT BUTTE CANAL )
PRESERVATION ALLIANCE and )
JEFF PERREAULT, )
) LUBA No. 2015Petitioners,
v. )
) STIPULATED MOTION FOR
EXTENSION OF TIME DESCHUTES COUNTY, ))
________________~R~es~p~o~n~d~en~t~.__)
On April 23, 2013, the Oregon Supreme Court granted review in the case
Lake Oswego Preservation Society v. City ofLake Oswego, 268 Or App 811
(2015). The parties anticipate that resolution of the Lake Oswego Preservation
Society case may affect resolution of this case. In the interest of efficiency, the
parties, Petitioners and Respondent Deschutes County, have agreed to stay these
proceedings pending a decision by the Supreme Court.
Therefore, the undersigned, being counsel for all the parties to this
proceeding, request the Board issue an order extending the date for filing the
record in this matter until such time as any party provides notice to LUBA that
the Oregon Supreme Court has issued a final opinion in the Lake Oswego
Preservation Society case.
IT IS SO AGREED:
Carrie A. Richter David Doyle
Attorney for Petitioners Attorney for Respondent
Dated: April_, 2015 Dated: April_,2015
GARVEY SCHUBERT BARERSTIPULATED MOTION FOR
A PARTNERSHIP OF PROFESSIONAL CORPORATIONSEXTENSION OF TIME elevenlh jlonr
111 .'Ow morrl.\'on street
OSB:7032774.2 [39420,00100] {Jorr/and, oregon 97}(}4·1141