Opinion
A4
Thursday, May 12, 2022
OUR VIEW
Be specifi c
when dealing
with the state
he Oregon Court of Appeals has eff ec-
tively overturned a jury verdict that had
awarded a dozen counties and dozens of
taxing bodies within them $1 billion.
The ruling emphasizes the necessity of clear
and specifi c language in contracts, particularly
when you are dealing with the state.
At issue is the case brought six years ago by
14 counties that in the 1930s and 1940s ceded
700,000 acres of forestland to the State of
Oregon. The counties claim they donated the
forest land with the contractual expectation that
logging revenues would be maximized.
And for a couple of decades or more, that’s
what the state did. It sold timber and gave part
of the proceeds to the counties and other taxing
districts.
But what had the state actually agreed to do?
The state, through legislation, agreed to
manage the forest for the “greatest permanent
value.” In the 1930s and 1940s, when the state’s
forests were being actively harvested for lumber,
that was assumed to mean the greatest dollar
value.
But in 1967, the Legislature expanded the defi -
nition of “greatest permanent value” to include
multiple uses. Timber revenue was just one goal,
not the only goal. And in the late 1990s, the
“greatest permanent value” was changed in the
state’s forestry management plan to include envi-
ronmental and recreational considerations that
restricted timber harvests.
That’s when the counties that depended on
timber revenues to pay for services really started
to feel the squeeze. In 2016 they sued.
In 2019, a jury in Linn County heard opposing
arguments from the counties and nearly 150
taxing districts within them, and from the State
of Oregon. Weighing those arguments, the jury
concluded that the state had agreed to focus on
cash-generating timber harvests and had violated
its contract.
The plaintiff s were awarded $1 billion in
damages.
Last week, the Oregon Court of Appeals
ignored the jury’s fi ndings and ruled that the trial
judge had improperly denied the state’s request to
throw out the lawsuit.
Legislation requiring Oregon to manage the
forestland for the “greatest permanent value”
does not create an “immutable promise” to max-
imize revenue for the counties, the appeals court
ruled.
The appellate court said that “historically,
‘value’ has myriad defi nitions, some of which
could relate to revenue production and others that
do not relate to revenue production.”
The statute also directs that forests be managed
for the “greatest permanent value” to the state,
rather than to the counties, which means the text
falls short of the “clear and unmistakable intent”
of making a contractual promise, the ruling said.
Therefore, the judge erred in not dismissing the
suit. Plaintiff s lose their $1 billion and must hope
the Oregon Supreme Court takes up its case.
We think the counties and the state were of
the same mind when the lands were donated.
It’s telling that a jury heard these arguments and
found a contract existed.
But lawyers and people see things diff erently.
T
LETTERS TO THE EDITOR
does he hate us / the American
Wyden does not deserve
dream so much?!?!?!?! Reality is:
another term
On Oct. 22, 1981, this country
broke the trillion-dollar debt ceiling.
The news was everywhere, not just
on conservative news sites. As I sit
here this morning that debt sits at
$28.9 trillion and is climbing by 10’s
of 1000’s of dollars per second. I have
no personal debt, yet my government
has saddled me with $38,050 of debt.
And now there are calls to absorb
$1.75 trillion in college loans.
Ron Wyden arrived in Wash-
ington, D.C., in 1981. A dollar in your
pocket in 1981 is now worth a measly
28 cents. Gas was $1.31.
Debt and infl ation are created by
government and current policies,
not the other party or the last presi-
dent, not Putin, not climate change,
not your opponent and surely not
the bogeyman. Government has no
money; it is your money and debt.
Infl ation is just another tax that has
been dumped on you by devaluing
your hard-earned dollars.
Andrew Jackson eradicated the
national debt (1829-1837). Calvin
Coolidge was the last president
to decrease our debt (1923-1929).
Sen. Wyden has been instrumental
in adding $2.1 trillion in less than
two years.
Sen. Wyden is a senior member
of, arguably, the most corrupt Con-
gress in U.S. history. He chairs the
Senate fi nance committee and sub
chairs the Senate committee on tax-
ation. Ron Wyden is a disgrace to
not just the Senate but Oregon and
does not deserve another term.
In his son’s own words, “Why
most legislators have never built
anything … so I guess it’s easier to
mindlessly and haphazardly try and
tear stuff down.”
Grant Darrow
Cove
Lack of access to abortion
services is the problem
The Supreme Court is over-
turning Roe v. Wade as we know
it. People may feel that we will still
be able to access abortion here in
Oregon. The problem is, though,
that access is not everywhere.
There are no abortion facilities in
Eastern Oregon. The closest providers
are in Eastern Washington State. We
need to have abortion services avail-
able in La Grande. There is no real
excuse not to have that.
The biggest problem in abortion
services is not the law as much as it
is access. Let us fi x that.
Peter Hall
Haines
McCloud as governor
would bridge Oregon’s
rural-urban divide
It is time for the midterm elections
and I would like to urge all of Eastern
Oregon to exercise their right to reg-
ister to vote ... and then actually cast
a ballot. The midterms are important
and dictate who our choices are on the
general election ballot in November.
This month we vote to select
our candidates for governor, and as
a self-described “Centrist Repub-
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Anderes has been active
and sincere commissioner
I am writing a support letter on
behalf of Paul Anderes for Union
County Commissioner. Mr. Anderes
has done a great job being involved
and aware of needs in our county.
He has been present often and has
been willing to voice his opinion
for what he believes is in the best
interest of this region. He has been
willing to go the extra mile and
has proven to me that his eff orts
are sincere.
We need active and sincere com-
missioners who will tackle the
tough topics. Mr. Anderes has done
that. Being resourceful and dedi-
cated to making Union County a
better place for residents is some-
thing Mr. Anderes has put at the
top of his list. Please join me in
voting for Paul Anderes for Union
County Commissioner.
Gust C. Tsiatsos
La Grande
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lican” I have carefully deliberated
and decided to endorse and vote for
Tim McCloud (R) — his positions on
almost every issue align with mine,
and most rural Oregonians.
McCloud is the one candidate who
can bridge the divide between rural
and urban Oregon, represent both
communities equally. I believe he is
the only Republican on the ticket who
can actually win in Oregon, and I
hope other Republicans will vote for
him on their primary ballots as well.
Steve West
La Grande
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