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Board reopens Thornburg Destination Resort record only for economic analysis after LUBA remand
Summary
After months of litigation and a remand from the Land Use Board of Appeals (LUBA), the Deschutes County Board of Commissioners voted to reopen the record only on the economic-analysis portion of the remand, retaining prior record material on two other remand issues.
The Deschutes County Board of Commissioners on April 16 voted to reopen the administrative record for the Thornburg Destination Resort application only on the limited issue of the required economic analysis, leaving other remand topics closed to new evidence.
Planning Manager Will Gross told the Board the remand from LUBA and the Court of Appeals returned three discrete questions: whether the county’s 2022 Fish and Wildlife Management Plan (FWMP) and its submission to the Oregon Water Resources Department satisfied the county’s no-net-loss standard for groundwater effects on fish habitat; whether the FWMP constituted a substantial change requiring new economic analysis under Deschutes County Code (DCC) 18.113.070(c)(3)–(4); and whether the 2022 FWMP violated the 1855 tribal treaty referenced in the remand.
Gross said the applicant asked the county to limit any reopened record to the economic-analysis question only; staff presented two draft orders for the board: one to reopen the record on all three remand topics and one limited to the DCC economic-analysis question. Community Development Director Peter Gutowski cautioned the board that the remand proceedings are governed by a 120-day deadline for a final local decision and said schedules are tight: the hearing was noticed for May 7, staff has regular budget commitments in May, and commissioners have planned time off in July.
Commissioners debated the scope. Several commissioners said the existing record appeared insufficient on multiple remand issues and favored reopening on all three issues; others urged limiting the reopened record to the economic-analysis item to keep the process focused and avoid expanding the already large record.
After discussion, the Board voted to adopt Order 2025-014, reopening the record only to receive new evidence and materials relevant to the economic-analysis remand (DCC 18.113.070 sections cited in LUBA’s remand). The motion passed: Commissioner Dyer voted yes; Commissioner Chang voted no; the chair voted yes. The order directs staff to accept additional written materials and to hold a public hearing on the reopened record; staff confirmed a public hearing is scheduled for May 7 and that written materials should be submitted to the county planner on the project (Jacob.Ripper@deschutes.org) and that staff will police the reopened record to ensure new evidence pertains only to the reopened topic.
County counsel and planning staff advised the Board that, because the applicant bears the burden of proof, applicant-submitted material will likely focus on the economic analysis (for example, a revised report showing reduced golf-course scope and resulting economic impacts). Staff warned that opening the record more broadly would expand the record, lengthen the process and complicate schedule compliance with the 120-day statutory timeline.
The Board’s order will be entered into the project record for LUBA file number 2023-038039041 and local file 24725-229-A; staff will manage public notice and the procedural rules for testimony at the May 7 hearing. The Board did not at this meeting accept additional evidence on the FWMP/no-net-loss or treaty issues.
