LUBA: Land Use Board of Appeals Decision Upheld by The Court of Appeals

Background:

Residents have been fighting issues on many fronts regarding the facility at 18505 NE Jaquith Rd for quite a while. This update is related to the land use issues that were brought before Yamhill County at several levels over several meetings during the course of the fight starting in the Fall of 2019.

Residents initially fought the Yamhill County Planning Commission in a site review design plan that the facility at 18505 did not meet the requirements laid out by the County. The Planning Commission voted against the Residents. Residents then looked to the Yamhill County Board of Commissioners to appeal to them for help. They also voted against the Residents and unanimously for 18505.  An Attorney was hired to appeal the Board of Commissioners’ decision. The next step involved escalating the issue with LUBA (Land Use Board of Appeals). The initial decision reached by LUBA was that 18505 could go ahead with their site design. Next, Residents continued with an Attorney and escalated the issue to LUBA’s Court of Appeals.

The latest:

The Court of Appeals has decided to uphold the earlier decision at LUBA; the site design at 18505 would remain. The decision was rendered with no written opinion from the Court of Appeals.

The Court of Appeals asked the Resident/Petitioner’s Attorney several questions, however no questions were asked of the Attorney Corrine Celko of Emerge Law Group who represents OreTex Farms LLC/JCB Farms LLC (WAG Holdings LLC) at 18505 NE Jaquith Rd. 

Residents who are involved with this aspect of our fight will consult with the legal counsel representing them/us on options for moving forward, and what that process looks like. OreTex Farms/JCB Farms (WAG Holdings) at 18505 has been awarded costs, which include filing fees.  They may or may not try to collect those costs.

We are still awaiting a decision from OWRD: Oregon Water Resources Department regarding the “Administrative Hold” on the current OWRD Application G-18843 at 18505 Jaquith. This hold expired 12/23/2020 and can be monitored at: https://apps.wrd.state.or.us/apps/wr/wrinfo/wr_details.aspx?snp_id=200506

To read Residents/Public Comments of Protest at OWRD: https://apps.wrd.state.or.us/apps/wr/wrinfo/wr_public_comment.aspx?workflow_id=556450

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