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Posted: Friday, 09 May 2008 11:12AM
Judge rules pipeline measure can go forward
Michael Desmond
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Clatsop County Circuit Judge Cyndee Matyas rules Friday morning a referendum regarding the placement of pipelines on land zones for parks and open spaces in Clatsop County can proceed. In her ruling, Judge Matyas notes the proposed referendum affects everyone in Clatsop County, covers many parcels of land and many property owners, and is the proper subject for a referendum.
Bradwood Landing attorney Charles Hinkle unsuccessfully argued the proposed ordinance deals with land use decisions, and a court ruling from the early 90's found referendums about land use decisions are not legal. Hinkle says it's up to his clients whether to appeal Matyas' decision to the Oregon Court of Appeals.
Petitioners have until June 18th to gather 598 signatures. If that happens, a special election would be held September 16th.
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In a press release, Columbia River Keepers reacts to Judge Matyas' decision:
Backers of a ballot measure referendum aimed at overturning Clatsop County’s approval of the Bradwood Landing LNG terminal on the Columbia River are celebrating a ruling by Clatsop County Circuit Court Judge Cindee Matyas holding that the referendum is legal and denying LNG backers’ challenge to the measure. Columbia Riverkeeper and County residents Marc Auerbach, Debbie Twombly and Don West filed the ballot referendum to challenge Clatsop County’s decision to change County law in order to allow gas pipelines from LNG terminals to run through zoned parklands, recreation, and open space. The judge’s ruling blocks a move by NorthernStar and proponents of the Bradwood LNG project to keep the referendum off the ballot and to prohibit volunteers from gathering signatures for the measure.
Columbia Riverkeeper attorney Brett VandenHeuvel, who also represented the chief petitioners behind the ballot measure referendum, applauded the judge’s decision. “NorthernStar filed this baseless lawsuit because they are afraid of letting the voters decide whether to allow large gas pipelines in parks. Bradwood lost because Oregon’s Constitution clearly protects the people’s right to vote on important decisions.”
Debbie Twombly, Astoria resident and a chief petitioner, added, “They wanted to keep the public from voting on this since even they recognize that voters will decide against opening up our parks for high-pressure gas pipelines. Even people who support the LNG projects do not support the Commissioners re-writing our laws to allow pipelines throughout our parks.”
Marc Auerbach, also a chief petitioner and chair of the Northwest Property Rights Coalition, looked forward to the referendum campaign. “The tainted approval of Bradwood was a mistake in law and a mistake in policy. The referendum will enable the people to voice their opposition to this regrettable project and its disastrous pipeline."
Volunteers for Clatsop County Citizens for Common Sense are already amassing the necessary signatures for the referendum and will qualify the measure for the September 15 ballot.
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