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Posts from December 2010.

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. 

Letters of intent are widely used by parties to a real estate transaction to outline the key business terms of the transaction, before the parties negotiate a more final, comprehensive agreement that incorporates all of the terms of the transaction.  Most people assume a letter of intent is nonbinding and imposes no obligations on the parties to go forward with the contemplated transaction.  However, a recent Oregon Supreme Court case, Lilian R. Logan v. D. W. Sivers Co., illustrates how a “nonbinding” letter of intent can actually have some terms that are binding and some terms that are not.

The Oregonian reports that a Marion County judge reversed a decision by the Marion County Board of Commissioners who in July 2009 voted that the Laack’s had a vested right to continue building a 42-unit subdivision in the South Salem Hills under their Measure 37 waivers.  The judge, relying on a recent Court of Appeals case, Friends of Yamhill County, Inc. v. Board of Commissioners of Yamhill County, __ Or.App. __ (September 2010, No. A140899), concluded that the Laack’s expenditure of about $385,000 on the project with a total budget of $12 million to $14 million was not enough to constitute a vested right. 

The City of Portland Bureaus of Development Services and Sustainable Development proposed a series of incentives for the development of green energy technologies or “green bundle” within the City back in July of 2009.  This “green bundle” was part of a number of other technical amendments to the City Zoning Code known as RICAP 5.  The green amendments included exempting eco-roofs from design review, setting standards for the location of water cisterns and wind turbines and exempting roof-mounted solar panels from design review in non-historic areas. 

OAPA Dec 2010 Case Law SummariesThroughout 2010 Garvey Schubert’s land use attorneys, Ed Sullivan, Carrie Richter, and Jennifer Bragar have been training Oregon planners and attorneys by sharing legal issues in their annual case law summary.  The last presentation of the year will be December 3, 2010, 10:30 a.m. at the Oregon Chapter of the American Planning Association’s Legal Issues Event

Garvey Schubert Barer, representing Miki Barnes, is pleased to report the Oregon Court of Appeals issued a final order in Barnes v. City of Hillsboro, Court of Appeals No. A146145, issued November 24, 2010, upholding LUBA’s rejection of the zoning changes to over 7,000 properties in the vicinity of the Hillsboro Airport.  See also June 30, 2010 ruling.  Garvey Schubert Barer attorneys William Kabeiseman and Jennifer Bragar represented Ms. Barnes in the case.

William Kabeiseman (“Bill”) and Carrie Richter have become “Leadership in Energy and Environmental Design” (“LEED”) accredited professionals.  The LEED accreditation is part of Garvey Schubert Barer’s ongoing commitment to sustainability and complements the professional services that Bill and Carrie offer their clients in guiding them on land use and permitting issues. 

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We regularly update clients about changes in real estate law and on industry trends. This includes briefing clients on legislative proposals in the federal tax, housing and other legal areas affecting their businesses. Staying current enables you to anticipate and prevent legal problems as well as capitalize on new developments.
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