PORTLAND, ORE., October 12, 2007 – On October 10, the Oregon Court of Appeals handed down its decision in VinCEP v. Yamhill County. The court affirmed a portion of the Land Use Board of Appeals' reasoning, but sent an application for a luxury wine hotel back to the Board for further consideration on additional grounds. The Court of Appeals held that, in allowing urban uses on agricultural land, a county must address both Goal 3 (requiring protection of farm land) and Goal 14 (addressing urbanization), rather than Goal 14 alone. This remand will require consideration of the effect of urban development on farm land, and whether the proposed use is necessary to achieve some other previously detailed County objective. The decision supports Oregon's comprehensive planning requirements and reiterates that important decisions should be made in a holistic fashion rather than in the course of ad hoc responses to specific applications.
Garvey Schubert Barer attorneys William Kabeiseman and Edward Sullivan represented VinCEP, the Vintner's Coalition for Economic Progress, comprised of approximately 25 Oregon wineries, including Domaine Drouhin Vineyard and Winery located adjacent to the property under consideration. "This is the fair and right approach to planning our future. We appreciate the Court of Appeals' consideration, and the clarity which this decision provides to counties and potential developers," explained David Millman, a vintner from Domaine Drouhin. Mr. Millman added, "We would also like to commend our attorneys, Ed Sullivan and Bill Kabeiseman, for their stellar work and commitment in this very important case."
The case has been remanded to the Land Use Board of Appeals so that the board can evaluate the county's findings regarding the Goal 3 exception. Effectively, it’s back to the drawing board for the luxury wine country hotel.
Edward J. Sullivan, is an owner in the Portland Office. Mr. Sullivan's practice focuses on matters involving land use planning, administrative and municipal law. With over 35 years devoted to his field, he is regarded as one of the premier land use attorneys in the country. Mr. Sullivan has counseled a wide variety of clients on hotly contested matters from Measure 37 to Free Expression. He is frequently involved in major land use controversies in the state of Oregon, acting on behalf of appellants, opponents, and local governments. He has edited all five editions of the Oregon State Bar's Continuing Legal Education Publications on Land Use, and has just begun his sixth edition. He has also written numerous law review articles on land use and administrative law, and has been the associate editor and writer for the Oregon State Bar's Real Estate and Land Use Law Digest since its inception in 1979. Mr. Sullivan is a regular columnist for the Daily Journal of Commerce and has taught Planning Law and Administrative Law at the undergraduate, graduate and law school levels since 1972. Mr. Sullivan is admitted to practice in Oregon, Washington and the District of Columbia, and all courts within those jurisdictions.
William Kabeiseman is Of Counsel in the Portland office of Garvey Schubert Barer, where he is a member of the Land Use Practice Group. He works closely on municipal law, particularly land use, zoning, and planning matters, as well as public contracting, administrative matters, and constitutional law issues. He is a frequent speaker and serves as an adjunct professor at the University of Oregon School of Law, teaching Land Use Law. Prior to joining Garvey Schubert Barer, he clerked for the Oregon Supreme Court and for Judge R. William Riggs when he was on the Oregon Court of Appeals. In addition, Mr. Kabeiseman spent two years as an assistant attorney general in the Territory of American Samoa, where he worked on environmental issues for the territory, including fish and wildlife, land use and zoning, and federal regulatory programs, while also working on appellate advocacy. Mr. Kabeiseman is admitted to practice in Oregon and American Samoa.