Harney County Court schedules Jan. 21 session to decide next steps on Gilmore land-use appeal

Harney County Court on Jan. 9 heard a briefing on an appeal of a planning commission decision that approved a conditional-use permit for a non‑farm dwelling applied for by Jim and Sue Gilmore (file no. 2418). Planning Director Brandon McMullen told the court staff finds the planning commission’s findings are supported by substantial evidence and recommended the court decline to hear the appeal and enter an order affirming the planning commission’s unanimous approval.

The recommendation matters because the county court must decide whether to (1) decline to hear the appeal and affirm the planning commission decision, (2) accept the appeal and make a decision on the record (with or without oral argument), (3) conduct a de novo hearing, or (4) hold a hearing limited to specified issues. Dominic, county counsel, advised the court that those options—and the limits on what the court may consider—are set out in the county zoning ordinance and that deliberations should generally be limited to the administrative record unless the court orders a hearing to receive new evidence.

McMullen said the planning commission held an initial hearing Sept. 18, left the record open for an initial seven days at the request of a participant, and then added two additional seven‑day periods to allow responses and final statements; after reviewing additional submissions the commission met again and voted unanimously to approve the application. "Staff finds that all the findings in the planning commission's decision are supported by the facts and substantial evidence and information submitted to the record," McMullen told the court, and recommended that the court "decline to hear the matter and enter an order affirming the lower decision as the county's final decision."

Dominic cautioned that if the court wants to consider evidence outside the record or take questions about potential litigation exposure, the court should schedule a public meeting with an executive session on the agenda so counsel can offer privileged legal advice. "You would come into open session to make your decision. But you would want to have that option of executive session," Dominic said.

Court members asked procedural questions about the 150‑day deadline under state statute that permits an appellant to seek a writ of mandamus in circuit court if the county has not issued a final decision; Brandon provided the start date for that 150‑day period as Aug. 29, 2024. Court members and staff agreed it would be preferable to resolve the process within the statutory window where possible but that scheduling and holidays could affect timing.

The court did not take a formal decision on the appeal at the work session. Instead, the court scheduled a special public session for Jan. 21, 2025 at 5:00 p.m. to decide which procedural option to pursue; staff agreed to provide the planning commission hearing recording (MP4) and the applicant's PowerPoint to the court in advance. Court members and counsel said that if the court opts to hear privileged questions about litigation exposure, they will include an executive session on the Jan. 21 notice and then return to open session to adopt any order.

Votes at a glance: the county court did not vote on the appeal at the Jan. 9 work session. The planning commission previously voted unanimously to approve the Gilmore conditional‑use permit.

File details and next steps: the matter appears on record as file no. 2418. Staff will provide the planning commission hearing audio and the applicant's PowerPoint in digital form to court members before the Jan. 21 special session. Depending on the court's choice on Jan. 21, the matter could conclude at the county level (if the court affirms the planning commission) or proceed to additional hearings or to the state Land Use Board of Appeals (LUBA) if either party pursues further review.

No additional factual findings nor policy decisions were adopted by the county court at the Jan. 9 work session; the Jan. 21 special session is the next scheduled procedural step.