(January, 2009) The Oregon Supreme Court has agreed to hear the appeal brought by
Friends and Central Oregon Landwatch regarding Jefferson County's new Comprehensive Plan and Zoning Ordinance and destination resort mapping. The state Land Use Board of Appeals decision in the case was generally upheld by Oregon's Court of Appeals in July, 2008.
Friends' petition for review to the Supreme Court was one of only two out of 75 cases the court agreed to hear coming out of its December meeting. Oral arguments in the case will be made on June 11, 2009 with the court's decision coming later this year.
Friends and Central Oregon Landwatch will argue for a broader interpretation of State Planning Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces; that the springs and aquifer feeding the Metolius River be considered a part of the protected resource, not simply the river itself and that Jefferson County's planning needs to assess the impact of resort development on the river in this broader sense.
Specifically the court's press release states that:
- On review, the issues are:
- 1. Whether the assessment of conflicting new uses to a protected Goal 5 resource under OAR 660-023-0250(3)(b) need not take place if the means of impact is not itself a designated Goal 5 resource itself.
2. Whether the scope of a Goal 5 protected resource should be interpreted broadly to include all of its resources and to recognize specific protections over general exclusions.
A successful outcome of the appeal will require that the county perform an environmental, social, economic and energy analysis of the sites mapped for destination resorts taking into account the broader definition of the Metolius River resource.... click for the Oregon Appeals Court Decision in the case and for a complete Statement of the Issues before the Supreme Court