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Commissioners authorize county letter opposing proposed amendment to House Bill 3013; vote recorded
Summary
The Deschutes County Board discussed a proposed county letter opposing an amendment to House Bill 3013 that county counsel and staff said could expand post-decision litigation exposure; the board approved sending the letter with two commissioners in favor and one abstention.
The Deschutes County Board of Commissioners reviewed a draft letter opposing the House Bill 3013 dash 1 amendment and voted to send the county—s opposition as drafted.
Why it matters: County staff said the amendment under consideration at the state level would allow third parties who did not participate in a local land-use proceeding to seek a circuit-court order revoking local actions that had been later overturned on appeal. Staff and county counsel told the board this could increase litigation risk and create uncertainty for local governments and property owners who act in reliance on local land-use approvals while appeals proceed to the Land Use Board of Appeals (LUBA) or higher courts.
What was discussed: Peter Gutowski, community development director, presented the draft letter and described the legal and practical concerns, including the potential for a third party to ask a circuit court to require revocation of permits or actions taken while an appeal was pending. Stephanie Marshall, senior assistant legal counsel, explained the county—s concern that the amendment could encourage non-participants to "sandbag" projects and then seek revocation years later, creating uncertainty for applicants who acted in reliance on county decisions.
Board action: The board moved to send the letter opposing the House Bill 3013 dash 1 amendment. The vote recorded at the meeting: two commissioners voted in favor of sending the letter and one commissioner abstained. Staff said they would incorporate minor edits requested by the board and circulate the final letter for signature and submission to the legislative committee record.
Ending: County staff said they would finalize the letter, correct minor text items and submit it into the legislative record during the open comment window, noting the bill had a near-term hearing and a short comment period.
