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Court of Appeals Confirms LUBA Ruling:

PORTLAND, OR – December 29, 2010Garvey Schubert Barer, representing Waste Not of Yamhill County, is pleased to report the Oregon Court of Appeals issued a final order in Waste Not v. Yamhill County, Court of Appeals No. A146170, issued December 29, 2010.  The decision affirms the Oregon Land Use Board of Appeals (“LUBA”) final order in Waste Not v. Yamhill County, LUBA No. 2010-002 that Yamhill County violated the law in authorizing the expansion of the Riverbend Landfill. 

Waste Not of Yamhill County, a coalition of Yamhill County businesses and citizens, had numerous concerns with the proposed landfill expansion, but LUBA chose to focus on a single issue – whether the county’s decision to take an exception to a local code provision is even possible.  LUBA concluded that, because Goal 3 expressly allows landfills on farm land, an exception to the county code provision prohibiting landfills is not possible.

“The Court of Appeals’ decision confirmed LUBA’s decision enforcing Yamhill County’s comprehensive plan, which did not allow landfills. ” said Bill Kabeiseman, a partner with Garvey Schubert Barer and lead attorney on the case.

Yamhill County argued at the Court of Appeals that the LUBA decision was unlawful in substance.  In affirming the LUBA decision the Court of Appeals cited Barnes v. City of Hillsboro, Court of Appeals No. A146145, which upheld LUBA’s rejection of the zoning changes to over 7,000 properties in the vicinity of the Hillsboro Airport.  Garvey Schubert Barer also successfully argued the decision and the appeal.  Waste Not welcomed the Court of Appeals’ decision and hopes that the County will explore waste disposal options that both protect the environment and benefit the community economically, creating family-wage jobs while protecting thriving local tourism and agricultural industries.  Waste Not encourages the County to take advantage of the window of opportunity now created and pursue those other options.

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