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CapitalPress.com
Friday, June 18, 2021
County must reconsider Oregon solar project expansion Federal
LEGAL
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF WASHINGTON
In re
Chapter 11
EASTERDAY RANCHES, INC., et al.
Lead Case No. 21-00141-11
Jointly Administered
Debtors. 1
NOTICE OF SALE OF PROPERTY BY AUCTION,
SALE OBJECTION DEADLINE, AND SALE HEARING
NOTICE TO CREDITORS OF EASTERDAY RANCHES, INC. (“RANCHES”); EASTERDAY FARMS (“FARMS”); CODY EASTERDAY
AND DEBBY EASTERDAY, HUSBAND AND WIFE, KAREN EASTERDAY, IN HER INDIVIDUAL CAPACITY AND AS THE PERSONAL
REPRESENTATIVE OF THE ESTATE OF GALE EASTERDAY 2 (COLLECTIVELY, THE “EASTERDAYS”).
PLEASE TAKE NOTICE OF THE FOLLOWING MATTERS THAT MAY AFFECT YOUR RIGHTS:
On February 1, 2021, and February 8, 2021, respectively, Ranches and Farms (together, the “Debtors”), commenced chapter 11 bankruptcy cases (the
“Bankruptcy Cases”) in the U.S. Bankruptcy Court for the Eastern District of Washington (the “Bankruptcy Court”).
The Debtors operate commercial farms and ranches that utilize multiple farms, feedlots, ranches, and other facilities that are commonly referred to as
Nine Canyon Farm, Goose Gap Farm, River Farm, Cox Farm, Farm Manager House, and Storage Complex (the “Property”). The Property is owned in part
by the Debtors (the “Debtor Property”) and in part by the Easterdays (the “Easterday Property”).
To maximize the value of the Property, the Debtors and the Easterdays determined that the Property should be marketed for sale together. Accordingly,
on March 26, 2021, the Debtors filed two motions with the Bankruptcy Court: (i) a motion to approve a cooperation agreement (the “Cooperation Agreement”)
between the Debtors and the Easterdays (together, the “Sellers”) and (ii) a motion (x) establishing a process to sell the Property and (y) to approve the sale of
the Property at the conclusion of such process (the “Sale Motion”).
On April 28, 2021, the Bankruptcy Court entered an order (the “Cooperation Agreement Order”) approving the Cooperation Agreement between
and among the Debtors and the Easterdays. On April 29, 2021, the Bankruptcy Court entered the Bidding Procedures Order which, among other things, (i)
approved procedures for submitting offers and bidding at an auction for the Property (“Bidding Procedures”), (ii) approved procedures for the assumption and
assignment of certain executory contracts and unexpired leases, (iii) scheduled a hearing on the sale, and (iv) granted related relief.
On May 19, 2021, the Sellers, entered into a purchase and sale agreement (the “Stalking Horse APA”) with Farmland Reserve, Inc. (“FRI” or the
“Stalking Horse Bidder”), pursuant to which, and subject to higher and better offers in accordance with the Bidding Procedures:
(i) the Debtors shall acquire the Easterday Property, upon which transfer all of the Easterday Property shall constitute
property of the Debtors’ bankruptcy estates in the Bankruptcy Cases and for which the Easterdays shall receive, subject to the approval
of the Bankruptcy Court, an allocable interest in the Net Sale Proceeds, as such term is defined in the Cooperation Agreement;
(ii) the Debtors shall sell, assign, transfer, convey and deliver to FRI, and FRI shall acquire and accept from Debtors, free
and clear of all Claims, Rights, and Encumbrances (as defined in the proposed Sale Order attached to the Stalking Horse APA), all of
the Debtors’ rights, title and interest in and to the Property; and
(iii) FRI shall pay $188,000,000 plus any transfer taxes or the like “Purchase Price” for the Property ((i) through (iii), the
“Sale”).
Also on May 19, 2021, the Debtors supplemented the Sale Motion with their motion to designate FRI as the Stalking Horse Bidder, approve the bid
protections in the Stalking Horse APA, and supplement the relief requested by the Debtors in the Sale Motion to include authorization for the Debtors to
acquire all rights, title and interest in and to the Easterday Property for the purpose of including the Easterday Property in the Sale, pursuant to the Stalking
Horse APA (“Supplemental Bidding Procedures Motion”).
On May 28, 2021, the Bankruptcy Court entered an order granting the Supplemental Bidding Procedures Motion, pursuant to which the Bankruptcy
Court (i) approved the Stalking Horse APA as the Stalking Horse Bid and FRI as the Stalking Horse Bidder, (ii) authorized the Debtors to enter into and
perform under the Stalking Horse APA, subject to higher or otherwise better offers by other qualified bidders, and (iii) approved the Debtors’ request to
supplement the relief requested by the Debtors in the Sale Motion to include authorization for the Debtors to acquire all rights, title and interest in and to the
Easterday Property for the purpose of consummating the Sale with the Stalking Horse Bidder, subject to higher or otherwise better offers by other qualified
bidders at an auction (the “Auction”) to be held on June 14, 2021, commencing at 10:00 a.m. (Pacific Time) (“Supplemental Bidding Procedures Order”).
THE BANKRUPTCY COURT HAS CURRENTLY SET JUNE 30, 2021 AT 4:00 P.M. (PACIFIC TIME) AS THE DEADLINE FOR ALL
OBJECTIONS TO THE SALE (THE “SALE OBJECTION DEADLINE”).
All objections to the Sale and related relief must: (a) be in writing; (b) be signed by counsel or attested to by the objecting party; (c) conform to the
Federal Rules of Bankruptcy Procedure and the Local Rules of the Bankruptcy Court (“Local Rules”); (d) be filed with the Clerk of the Bankruptcy Court, 402
E. Yakima Avenue, Yakima, WA 98901 by no later than the Sale Objection Deadline; and (e) be served in accordance with the Local Rules so as to be received
on or before the Objection Deadline by the following: (i) counsel to the Debtors: (a) Bush Kornfeld LLP, 601 Union Suite, Suite 500, Seattle, WA 98101,
Attention: Armand J. Kornfeld (jkornfeld@bskd.com) and Thomas A. Buford (tbuford@bskd.com); and (b) Pachulski Stang Ziehl & Jones, LLP, 10100 Santa
Monica Boulevard, 13th Floor, Los Angeles, CA 90067, Attention: Richard M. Pachulski (rpachulski@pszjlaw.com), Ira D. Kharasch (ikharasch@pszjlaw.
com), Jeffrey W. Dulberg (jdulberg@pszjlaw.com) and Jason H. Rosell (jrosell@pszjlaw.com); (ii) the Office of the United States Trustee for the Eastern
District of Washington, 920 W Riverside Ave, Suite 593, Spokane, WA 99201, Attn: Gary W. Dyer (Gary.W.Dyer@usdoj.gov); (iii) counsel to the Stalking
Horse Bidder, Stoel Rives LLP, 600 University Street, Suite 3600, Seattle, WA 98101, Attention: Oren B. Haker (oren.haker@stoel.com) and Ellen E. Ostrow
(ellen.ostrow@stoel.com); and (iv) those parties who have filed notices of appearance and/or requested service of all motions and pleadings in these Chapter
11 Cases prior to the date of service thereof.
THE SALE SHALL BE FREE AND CLEAR OF ALL LIENS, CLAIMS, ENCUMBRANCES OR OTHER INTERESTS UNDER
SECTION 363 OF THE BANKRUPTCY CODE. THE ASSIGNMENT OF CERTAIN OF THE SELLERS’ CONTRACTS AND LEASES MAY
BE APPROVED AND AUTHORIZED BY THE BANKRUPTCY COURT ABSENT A TIMELY OBJECTION BY ANY PERSON OR ENTITY
CLAIMING AN INTEREST OR RIGHT IN SUCH CONTRACT OR LEASE. THE FAILURE OF ANY PERSON OR ENTITY TO FILE
AND SERVE AN OBJECTION ON OR BEFORE THE SALE OBJECTION DEADLINE MAY BE DEEMED CONSENT TO ANY SALE OR
ASSIGNMENT APPROVED BY THE BANKRUPTCY COURT AND MAY BE A BAR TO THE ASSERTION OF ANY LIENS, CLAIMS,
RIGHTS, ENCUMBRANCES OR OTHER INTERESTS IN THE PROPERTY SOLD, ASSIGNED OR OTHERWISE TRANSFERRED TO THE
STALKING HORSE BIDDER OR THE SUCCESSFUL BIDDER(S), AND MAY BE A BAR TO ANY RECOVERY AGAINST THE STALKING
HORSE BIDDER OR OTHER SUCCESSFUL BIDDER(S).
IF YOU ARE A CREDITOR OF THE SELLERS OR A CONTRACT OR LEASE COUNTERPARTY TO ANY OF THE SELLERS, YOUR
RIGHTS MAY BE AFFECTED BY THE SALE OF THE PROPERTY TO THE STALKING HORSE BIDDER OR OTHER SUCCESSFUL
BIDDER(S). You should review the documents related to the Sale and discuss them with your attorney. If you do not have an attorney, you may wish to
consult one. Sale documents, including the Stalking Horse APA, Sale Motion, Bidding Procedures Order, Supplemental Bidding Procedures Order, and
proposed sale order, can be obtained through the Bankruptcy Court or by requesting copies from the Debtors’ bankruptcy counsel by email to Jason Rosell
(email: jrosell@pszjlaw.com). If you do not want the Bankruptcy Court to approve the Sale, you must file an objection with the Bankruptcy Court by
the Sale Objection Deadline as set forth above.
A hearing to confirm the results of the Auction and approve the sale of the Property (the “Sale Hearing”) will be held before the Honorable Whitman
Holt, United States Bankruptcy Judge, on July 14, 2021 at 11:00 a.m. (PT), or at such other time as the Bankruptcy Court permits, in the United States
Bankruptcy Court for the Eastern District of Washington, 402 E. Yakima Avenue, Second Floor Courtroom, Yakima, WA 98901. Parties may appear at the
Sale Hearing by telephone. To make a telephonic appearance, parties must call 877-402-9757; code 7036041. The Debtors may adjourn or reschedule the
Sale Hearing one or more times with prior notice filed on the docket in the Bankruptcy Cases or without prior notice by making an announcement at the Sale
Hearing.
Dates set forth in this notice are subject to change, and further notice of such changes may not be provided except through announcements in open court
and/or the filing of notices in the Bankruptcy Cases. Interested persons or entities are encouraged to monitor the electronic court docket for further updates.
1
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The Debtors along with their case numbers are as follows: Easterday Ranches, Inc. (21-00141) and Easterday Farms, a Washington general
partnership (21-00176).
The administration of the Estate of Gale Easterday is currently pending in Franklin County Superior Court, Case No. 21-450004-11.
S247838-1
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
06/23/2021. The sale will be held
at 10:00am by
PRESTIGE AUTO REPAIR
2700 19TH ST SE STE#1 SALEM, OR
2012 MNNI COO 4D
VIN = WMWZC3C54CWL85780
Amount due on lien $3145.00
Reputed owner(s) POWER MAZDA
KIA BUICK GMC PRE-OWNED
LEGAL
PURSUANT TO ORS CHAPTER
87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
06/21/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2015 NISSAN 370Z 2DR
VIN = JN1AZ4EH2FM444355
Amount due on lien $1515.00
Reputed owner(s)
KIRK & JEANNE SEVERSON
LEGAL
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF MARION
PROBATE DEPARTMENT
IN THE MATTER OF THE ESTATE OF
PENNY G. NEAL, deceased.
Case No.: 21PB01747
NOTICE TO INTERESTED PERSONS
NOTICE IS HERBY GIVEN that the
undersigned has been appointed
Personal Representative of the
above estate. All persons having
claims against the estate are re-
quired to present them to the un-
dersigned attorney at: 319 Sixth
Street SW, Albany, OR 97321 with-
in four months after the date of
the first publication of this notice,
as stated below, or such claims
may be barred.
All persons whose rights may be
effected by the proceedings in
this estate may obtain additional
information from the records of
the Court, the Personal Represen-
tative, or the attorney for the Per-
sonal Representative.
DATED and first published June
11th, 2021
Personal Representative
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
06/21/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2017 JEEP RENEGADE UT
VIN = ZACCJBBB3HPG39984
Amount due on lien $1415.00
Reputed owner(s)
ZAHRA & SAKINA JANGBAR
ALLY FINANCIAL
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
06/28/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2019 KYRV SPRINGDAL T.T
VIN = 4YDT25823KG100966
Amount due on lien $1535.00
Reputed owner(s) ROBIN &
LAWRENCE LABONTE C/O MET
PUBLIC LIEN SALE
U-STORE SELF STORAGE
Auction Starts June 15, 2021
storageauctions.com
Ends Friday, June 25, 2021, 10am
1st - 1668 Industrial Way SW
Albany, Oregon
Dobson Katherine, Y013; Michelle
Kimble, H094; Grace Moller, G002;
Jordan Young, J001
2nd - 1501 Hawthorne Ave NE
Salem, Oregon
PAMELA K. MOYE
6265 NE Pettibone Drive
Corvallis, OR 97330
Attorney
DAVID B. BECKHAM
319 Sixth Ave SW
Albany, OR 97321
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
06/21/2021. The sale will be held
at 10:00am by
COPART OF WASHINGTON INC
2885 NATIONAL WAY WOODBURN, OR
2008 GMC SIERRA PK
VIN = 1GTHK33658F119170
Amount due on lien $1515.00
Reputed owner(s)
ASHLEY KRISTENE STREETER
IQ CREDIT UNION
S247118-1
intended for House Bill 2329
to “streamline the permitting
process and reduce permitting
costs,” it does not reduce the
ODFW’s mitigation require-
ments for wildlife habitat, the
LUBA ruling said.
“The legislative his-
tory does not demonstrate,
as intervenor argues, that
the legislature intended to
weaken habitat protection or
to waive compliance with the
Mitigation Policy,” the ruling
said.
LUBA’s ruling will “func-
tionally shut down” per-
mitting for mid-tier solar
S247124-1
included in a project plan, the
ruling said. “The legislature
did not limit the universe of
rules with which an applicant
must demonstrate consis-
tency to only those rules that
the county determines apply.”
Under the 2019 bill,
county governments were
allowed to approve certain
projects that would previ-
ously have to be cleared by
the state’s Energy Facility Sit-
ing Council, including solar
facilities of up to 1,920 acres
on uncultivated, lower-qual-
ity soil.
Although
lawmakers
SALEM — The U.S.
Food and Drug Administra-
tion plans to resume on-farm
inspections in Oregon under
the Produce Safety Rule of
the Food Safety Moderniza-
tion Act, or FSMA.
Inspections
started
nationwide in 2019, but
were put on hold in 2020
due to COVID-19. FSMA
was signed into law by Pres-
ident Barack Obama in
2011 to prevent food-borne
illnesses.
The Produce Safety Rule
gives the FDA authority to
regulate how certain foods
are grown, harvested and
processed before reach-
ing consumers. The agency
conducts routine inspec-
tions that cover every-
thing from worker health
and hygiene to equipment
sanitation.
The rule applies to com-
mercially sold products that
are primarily consumed raw.
Products such as potatoes
and sweet corn that are nor-
mally cooked prior to eating
are exempt.
Farms that made less than
$25,000 in produce sales on
average over the last three
years are also not covered
under the rule.
Oregon producers can
expect to receive phone calls
from the FDA as early as
this month asking to sched-
ule an inspection, accord-
ing to the state Department
of Agriculture. Farms of all
sizes are subject to inspec-
tion, though ODA says large
farms that weren’t inspected
in 2019 will be prioritized
over “small” and “very
small” farms.
The FDA defines “large”
farms as those averag-
ing more than $500,000
in produce sales over the
last three years. “Small”
farms are those that aver-
age between $250,000 to
$500,000 in produce sales,
while “very small” farms
average between $25,000
and $250,000 in produce
sales.
S248173-1
wide discretion in determin-
ing which specific compo-
nents of ODFW’s mitigation
policy need to be included in
a plan. LUBA has now dis-
agreed, ruling that such plans
must be consistent with all
the agency’s requirements.
According to LUBA, the
agency’s interpretation is sup-
ported by the plain language
of state law and the legisla-
tive history of a bill that gave
counties more jurisdiction
over certain solar facilities.
The county does not get to
decide which statewide wild-
life requirements must be
S247116-1
Mateusz Perkowski/Capital Press File
Oregon’s Land Use Board of Appeals has ordered Crook County to reconsider the
expansion of a solar project.
By GEORGE PLAVEN
Capital Press
S247119-1
A solar project expansion
approved in Oregon’s Crook
County falls short of wildlife
habitat mitigation require-
ments and must be reconsid-
ered, according a state land
use board.
The Land Use Board of
Appeals has ordered the
county to reconsider its autho-
rization of the West Prineville
Solar Farm’s expansion from
320 acres to 654 acres on land
zoned for exclusive farm use.
The state’s Department of
Fish and Wildlife is correct
that the project’s mitigation
plan doesn’t meet several key
requirements intended to pre-
vent the “net loss of habitat
quality and quantity,” accord-
ing to LUBA.
The agency argued the
solar project does not ade-
quately map out sites meant
to mitigate for habitat loss,
ensure the durability of mit-
igation measures or iden-
tify performance and success
criteria.
The solar developer,
which intervened in the case,
countered that the county has
inspections
to resume
under
FSMA
facilities, delaying proj-
ects for years and undermin-
ing investment in renewable
energy, said Jake Stephens,
CEO of NewSun Energy, an
investor managing the proj-
ect’s permit.
“This is a story of agency
overreach, with ODFW using
appeals to create authority
that the legislature explicitly
denied them in the HB 2329
drafting process,” Stephens
said in an email.
It’s a misrepresentation
by the agency and LUBA
that the county didn’t require
sufficient mitigation, since
the plan was “consistent in
type and scale with ODFW’s
own recommendations” and
involved “perhaps the most
rigorous” conditional use per-
mit review for any solar proj-
ect in the state, he said.
Crook County was sur-
prised that ODFW chal-
lenged the project’s approval
because the agency agreed
to the mitigation plan during
a public hearing, said Peter
Watts, the county’s attorney.
The ODFW’s opposition
likely stems from its uncer-
tainty over the level of miti-
gation it wants, as well as its
discomfort with expanded
county jurisdiction over
solar projects under HB
2329, he said.
“I think they’d like con-
trol over habitat mitigation
in the process. So, essentially
like veto power,” Watts said.
LUBA’s decision helps
to clarify the procedures and
expectations for solar facil-
ities authorized under HB
2329, said Sarah Reif, energy
coordinator for ODFW.
“It makes it a lot more
clear for future applicants
what standards they need to
meet in terms of mitigating
wildlife impacts,” she said.
Unless the county or
developer plan to appeal,
ODFW looks forward to
helping develop a wildlife
mitigation plan that meets
the requirements, Reif said.
“There’s still an oppor-
tunity for this project to
put forward an application
that meets the wildlife stan-
dards,” she said.
S248121-1
By MATEUSZ PERKOWSKI
Capital Press
Lucy Briseno, 2D61; Jessica Jordyn
Gregory, 2D69; Felipe Jimenez, 2D42;
Joshua Kouches, 2A73; Larry R Lewis,
2B11; Casey Moore, 1D37; Kimberly
Munz, Y217; Melissa Taylor, 1C01;
Roger Tudela, 1C21; Phyllis Woodard,
RD03
S246880-1
