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Commissioners reopen record on Thornburg Resort remand limited to economic analysis
Summary
After lengthy discussion the board voted to reopen the local record only on the economic-analysis portion of the remand from LUBA, requiring additional evidence to address whether reductions in proposed golf courses change projected economic impacts.
The Deschutes County Board of Commissioners voted April 16 to reopen the local record on a Court of Appeals/LUBA remand for the Thornburg Destination Resort application — but limited the reopening to the economic-analysis questions identified by LUBA.
Planning manager Will Gross told the board that the April 7 remand raised three issues: whether submission of the 2022 Fish and Wildlife Management Plan satisfied the county’s no-net-loss standard for groundwater; whether the 2022 plan constituted a substantial change requiring new economic analysis under DCC 18.1.13070(c)(3)–(4); and whether the 2022 plan violated the treaty with the tribes of Middle Oregon dated June 25, 1855. The applicant asked the board to reopen the record only for the economic analysis issue, saying the other two topics did not require new evidence.
Commissioners debated whether to reopen the record on all three remand topics or limit it to the economic-analysis issue. Several commissioners argued the record lacked sufficient evidence on all three fronts. Will Gross and Community Development Director Peter Gutowski warned the board that the mandatory 120-day remand timeline is tight and reopening the entire record would expand a complicated record and strain the schedule.
Commissioner Daire (recorded in the transcript) spoke for reopening on all three issues; others favored a narrower reopening. After discussion, a motion to reopen the record limited to the economic-analysis question (DCC 18.1.13070 c — the section cited in the remand) was moved and seconded. The motion passed with recorded votes: Commissioner Daire—yes; Commissioner Chang—no; Chair—yes. The board signed Order No. 2025-014 allowing new evidence relevant to LUBA file numbers 2023-038039041 and 24725-229-A limited to the economic-analysis issue.
Staff and legal counsel repeatedly reminded the public that the remand proceeding is quasi-judicial: the public hearing already noticed for May 7 will accept testimony limited to the reopened topic. Will Gross and staff said written materials should be directed to the county’s file planner, Jacob Ripper, and that materials unrelated to the remand topic will likely be excluded from the record. Peter Gutowski emphasized the compressed schedule, noting calendar conflicts including other board duties and staff availability.
The practical effect of the board’s decision is that the applicant may submit a revised or additional economic analysis addressing LUBA’s concern that proposed changes to the resort (notably a reduction in the number of golf courses) could alter the projected economic impacts, jobs and housing demand. The board will consider those materials, along with its broader obligations to respond to the remand, within the time limits required under state law.
Officials cautioned that failure to complete a local decision in the statutorily required period can invite legal remedies from applicants; the county’s legal team flagged the 120-day remand clock as a significant scheduling constraint.
