- DAB and NGRAB appointments
- Amendments to grant agreement for McGilchrist Roth rehab
- CATC appointment
- Formal street-naming a former alley off of Eola Drive
- Public Art Commission annual report (not very detailed)
- Historic Landmarks Commission annual report (ditto)
- First reading for adoption of NEN-SENSA neighborhood plan
- Second reading of targeted goat grazing ordinance
- Second reading to expand no-smoking zones on sidewalks and such near the Hospital and Willamette University.
City Engages High-Powered Attorney for Blind School Hearings at LUBA
Far more interesting than the Council agenda was news that filtered out after the hearing before the Land Use Board of Appeals on Thursday.
It seems the Hospital and City brought large artillery into the field at the oral arguments over the Blind School parcel.
|Plenty of room|
Just this summer, as a prelude to his retirement, Sullivan was honored with the Jefferson Fordham Lifetime Achievement Award from the American Bar Association State and Local Government Section.
This is a national, not state-level, award.
From his firm's release:
Ed Sullivan’s distinguished legal career spans 45 years and has had significant impact on Land Use law in Oregon. Throughout his career, he has championed sound land use planning, the provision of affordable housing opportunities, and the protection and preservation of resource lands throughout Oregon and beyond.It goes on at some length.
Carrie Richter, co-chair of the Garvey Schubert Barer Land Use Group with Ed Sullivan, and his colleague for the past 10 years, said, “Ed's accomplishments speak for themselves. He has shaped the Oregon land use system, starting with his influence on the seminal Senate Bill 100 drafting and adoption, taken land use battles to the United States Supreme Court, and proposed innovative approaches to ensure that sufficient urban land is available for affordable housing development.”
Ed Sullivan’s accomplishments have included work with major landmark cases in the history of Oregon State Land Use Law. The most notable cases that Ed has been involved in are Fasano v. Washington County Board of County Commissioners, and Baker v. City of Milwaukie. Both are Oregon Supreme Court cases that uphold the necessity to guarantee fair, reviewable and predictable decision-making in Oregon land use.
Before entering private practice, Ed worked for the then governor of the State of Oregon, Robert W. Straub.
Among his more recent publications, an interesting one is "Smart Growth: State Strategies in Managing Sprawl."
(Apparently, it's also worth noting, these cases at LUBA may well have been his last at LUBA before retirement.)
What does this all mean?
I'm not sure.
Here's some speculation and tea leaves. (Maybe you can discern more of the signal from noise, and will have a better reading of it all?)
It is interesting that at the Cemetery path and alley vacation that went to LUBA a couple of years ago, only local attorneys from Salem were engaged, and the City Attorney sent an Assistant City Attorney in his place.
This time, no Journeyman was sufficient, as it were, and it seemed necessary to engage the Master. Who knows whether the Hospital or City is actually paying the bill, but is there more significance here than merely wanting to prevail just on these cases?
It could be that if citizen advocates prevail over the City and Hospital there would be implications going forward. The City, in particular, may see itself as having more at stake than just having to say to the Hospital, "sorry, you've got to rework some things." Needing such a high-powered Portland attorney could indicate that the City fears it has been doing things wrongly, and that ruling here could set some kind of precedent that could require meaningful changes in the way it handles implementing policy and handles development and historic preservation.
That is to say, this is an additional sign that it is totally worth appealing these cases, because something meaningful is in play! If they were routine, and the City was confident it would prevail in each, why not just use Salem attorneys, right?
The move looks like respect and maybe fear that neighborhood objections are well warranted.
The final decisions will be interesting to read - and maybe they will have implications beyond themselves.
Early word is that LUBA expects to issue decisions on Howard Hall by December 26, 2014 and on the parking lot and transportation questions by January 6, 2015.