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Residents urge West Linn council to protect public hearings after HB 4037
Summary
Dozens of West Linn residents told the city council that House Bill 4037 removes community input and appeal rights for many land-use decisions and urged the council to require full planning hearings, pursue legal review, or press state lawmakers to restore public participation.
Dozens of West Linn residents told the City Council at its July 14 meeting that House Bill 4037 (effective July 1) has effectively curtailed their right to testify in public hearings and to pursue local land-use appeals.
"HB 4037 eliminates public hearings where citizen input is normally allowed," said Ed Schwarz, who told the council the law also limits notice requirements and restricts appeal rights to applicants only. Schwarz argued the pending Tamler Drive/Chandler application rests on Office Business Center zoning and that recent adjustments should not be used to reclassify the project so HB 4037 applies.
Other speakers said the bill threatens long-standing Oregon practices of public participation. "It's anti-democratic," said Stephanie Muir, a West Linn teacher who said she supports affordable housing but opposed silencing resident testimony. Roberta Schwarz told the council that neighbors had pooled money to hire attorneys and technical experts and urged the city to preserve an opportunity for those experts to testify.
Several residents requested explicit next steps: written, public legal analysis on whether section 17 of HB 4037 applies to the Tamler Drive application; preservation of local hearing and appeal rights where the law may not apply; and that the council consider elevating the issue to state legislators or pursuing litigation. Jin Yoon Tan asked the council to "require careful written and publicly available legal analysis" before accepting an interpretation that would eliminate hearings.
The mayor reminded the public that the meeting was not a public hearing on the Chandler application and said planning staff and the city attorney would factor comments into their review. The city plans to publish a detailed memorandum on the Chandler application page explaining the procedure it will follow. The mayor also encouraged residents who oppose the law to contact their state legislators and the governor.
The council did not take formal action on the development application during this meeting. Instead, councilors and staff said they would consider public comments in planning and legal reviews and may discuss further actions at future meetings.
