3B
THE DAILY ASTORIAN • FRIDAY, JUNE 26, 2015
Friday
Canoe Adventures, 9 a.m., Sunset Pool, 1140 Broadway, Seaside,
$20 to $30.
Plein Air & More Art Festival, 10 a.m., multiple venues and on the
beach, Cannon Beach.
Katherine Taylor Artist Reception, noon, Fairweather House &
Gallery, 612 Broadway, Seaside.
Beth Willis, Americana, 7 p.m., Lumberyard Rotisserie & Grill, 264
E. 3rd St., Cannon Beach, no cover.
Bruce Smith & the Boda Boyz, rock, 7 p.m., The Birk, 11139 Hwy.
202, Birkenfeld, no cover.
Astoria Music Festival “The Magic Flute,” 7:30 p.m., CCC Per-
forming Arts Center, 588 16th St., Astoria, $15, all ages.
Manzanita Film Series “A River Between Us,” 7:30 p.m., Hoffman
Center, 594 Laneda Ave., Manzanita, $5.
“Little Shop of Horrors,” musical, 7:30 p.m., Coaster Theatre, 108
N. Hemlock St., Cannon Beach, $18 to $23, rated PG-13.
* Miss Oregon Teen, 7:30 p.m., Seaside Civic & Convention Cen-
ter, 415 First Ave., Seaside.
Nick Jaina & Israel Nebeker, music and readings, 8 p.m.,
Sou’Wester Lodge, 3728 J Place, Seaview, Wash.
Bradford Loomis, Americana, 9 p.m., The Adrift Hotel, 409 Sid
Snyder Drive, Long Beach, Wash., no cover.
Saturday
Angora Hiking Club Saddle Mountain Trail Head Hike, 9 a.m.,
meet at Basin Street Parking Lot, 334 W. Marine Drive at 6th St.,
Astoria.
* Guided Canoe Tours, 9 a.m., Lewis & Clark National Historical
Park, 92343 Fort Clatsop Road, Astoria, all ages.
* Lower Columbia HorseFest, 9 a.m., Clatsop County Fair-
grounds, 92937 Walluski Loop, Astoria, free, all ages.
ABATE Saddle Mountain Run, 9 a.m., Astoria Moose Lodge, 420
17th St., Astoria, $20.
Plein Air & More Art Festival, 10 a.m., multiple venues and on the
beach, Cannon Beach.
Manzanita, $10.
“It Could Be Any One Of Us,” comedy, 7:30 p.m., Coaster The-
atre, 108 N. Hemlock St., Cannon Beach, $15 to $20, rated PG.
Miss Oregon Finale, 7:30 p.m., Seaside Civic & Convention Cen-
ter, 415 First Ave., Seaside.
Catherine Feeny & Chris Johnedis, jazz, 8 p.m., Sou’Wester
Lodge, 3728 J Place, Seaview, Wash.
Alexa Wiley & the Wilderness, rock, 9 p.m., KALA, 1017 Marine
Drive, Astoria, $8.
Bradford Loomis, Americana, 9 p.m., The Adrift Hotel, 409 Sid
Snyder Drive, Long Beach, Wash., no cover.
Dedric Clark & the Social Animals, rock, 9 p.m., Pitchwood Inn &
Alehouse, 425 3rd St., Raymond, Wash., $5.
Anne-Marie Sanderson, indie, 9:30 p.m., The Voodoo Room, 1114
Marine Drive, Astoria, no cover, 21 and older.
DJ Nacho Bizznez Top 40 Dance Party, 10 p.m., Twisted
Fish Steakhouse, 311 Broadway, Seaside, no cover, 21 and
older.
* Astoria Music Festival Classics 4 Kids, 11 a.m., CCC Perform-
ing Arts Center, 588 16th St., Astoria, free, all ages.
Fort to Sea Hike, Noon, Sunset Pool, 1140 Broadway, Seaside,
$20 to $25.
* Miss Oregon Parade, 2 p.m., along Holladay and Broadway in
downtown Seaside, all ages.
Astoria Music Festival Matinee Organ Recital, 4 p.m., Liberty
Theater, 1203 Commercial St., Astoria, $15, all ages.
The Half Hearted, indie, 7 p.m., Peninsula Arts Center, 504 Pacific
Ave., Long Beach, Wash., $12.
Woodland, Americana, 7 p.m., Confluence Project Amphitheater,
Cape Disappointment, Ilwaco, Wash., free.
Astoria Music Festival Chamber Music, 7:30 p.m., Liberty The-
ater, 1203 Commercial St., Astoria, $17 to $45, all ages.
Chris Taylor, jazz, 7:30 p.m., Hoffman Center, 594 Laneda Ave.,
Sunday
* Let’s Go Birding Bird Survey, 8 a.m., Sunset Beach State Rec-
reation Site, Warrenton, all ages.
* Guided Canoe Tours, 9:30 a.m., Lewis & Clark National Histori-
cal Park, 92343 Fort Clatsop Road, Astoria, all ages.
Plein Air & More Art Festival, 11 a.m., multiple venues and on the
beach, Cannon Beach.
Bruce Smith & the Boda Boyz, rock, 2 p.m., The Birk, 11139 Hwy.
202, Birkenfeld, no cover.
Astoria Music Festival “Maria Stuarda” Finale, 5 p.m., Liberty
Theater, 1203 Commercial St., Astoria, $25.50 to $85, all ages.
Henry Curl, neo-folk, 8 p.m., The Adrift Hotel, 409 Sid Snyder
Drive, Long Beach, Wash., no cover.
Luke Sweeney, rock, 8 p.m., Fort George Brewery, 1483 Duane
St., Astoria, no cover.
* Recommended for kids.
Long-running dispute with oysterman is in judge’s hands
Argument
over zoning
enforcement
returns to court
fathered” at least some aspects of
Driscoll’s Oysterville Sea Farms,
because his family’s activities
there predated the new rules.
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repeatedly tried to expand his
business into something more
ambitious than a seafood mar-
By NATALIE ST. JOHN
ket, especially after about 2007,
EO Media Group
when he gradually began add-
ing to his inventory, serving hot
LONG BEACH, Wash. — foods and alcohol, and offering
After months of delays, the seating. They also say his busi-
second half of oysterman Dan ness is in either an “aquaculture”
Driscoll’s hearing over a con- or “conservation” zone (they’re
tested June 2014 citation from not sure which), where commer-
WKH 3DFL¿F &RXQW\ 'HSDUWPHQW cial activity isn’t allowed.
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Driscoll and his attorney,
nally took place June 16.
Ben Cushman, say the coun-
However, it’s still not clear ty’s enforcement effort is fun-
which side will prevail in the GDPHQWDOO\ ÀDZHG EHFDXVH
ongoing debate about what ac- Driscoll’s business is actually in
tivities are allowed in Driscoll’s a residential zone (there are still
retail seafood market. After a restrictions in residential zones,
full day in South District Court, but they are somewhat differ-
Judge Doug Goelz said that ent). According to Cushman,
while he thought the county the county has overstepped its
had been unfair to Driscoll, they authority by trying to control
didn’t necessarily violate their what Driscoll sells, rather than
own policies or state law when how he uses his property, mak-
they cited him for engaging in ing it nearly impossible for him
business activities that they had to stay in business.
previously approved.
Due to the complexity of the
Goelz put the court in re- legal issues and several cancel-
cess without indicating how lations and delays, the court pro-
he would rule. A South District ceedings have dragged on for
Court employee said it could be nearly a year.
anywhere from a few days to a
Driscoll won a small victory
few months before Goelz reach- in February when Goelz issued
es a decision.
a partial decision, based on the
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Family business
Driscoll could legally sell oys-
Driscoll’s family has legal- ters-on-the-half-shell and an ex-
ly operated some type of retail panded line of retail goods in his
seafood business at the site of shop. But Goelz wanted to hear
their historic Oysterville cannery more testimony before deciding
since the early 1970s. In 1975, whether Driscoll has the right to
the county created a Shoreline serve ready-to-eat foods or beer
Master Plan. With this plan came and wine.
county ordinances that prohib-
In late March, Cushman par-
ited new businesses along the ticipated in settlement talks with
bayshore. But the county “grand- the county, but the two sides
Grandfathered in?
Richter, who is typically
soft-spoken with impeccable
manners, showed a rare degree
of intensity as he argued the
Driscolls had only run a very
basic retail operation in the ‘70s
and ‘80s, and the grandfathering
agreement was never intend-
ed to allow anything other than
that. Since the ‘90s, Richter said,
Driscoll’s business has become
“a different type of operation al-
together.”
Driscoll and his family say
NATALIE ST. JOHN — EO Media Group
they’ve run a retail market since
Dan Driscoll finally had his day in court over a long regu- the ‘70s, but in court, a claim
latory dispute with Pacific County. The decision may take only counts if you can prove it,
a few days or months.
and documentation from that era
is scarce. Driscoll came up with a
were not able to reach an agree- cially in their early interactions, 1976 newspaper photograph that
ment, so the second half of the possibly because they’d never shows him selling oysters outside
dealt with a comparable zoning the cannery, but little else.
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“All we have at this point is
issue before.
A base of support
“It was a unique situation the [a] picture of Mr. Driscoll sit-
$ERXW SHRSOH ¿OOHG WKH county found itself in and [the ting on the steps with a bag of
benches in Goelz’s courtroom DCD staff] was probably not oysters next to him, playing a
on June 16. These included very practiced in how they han- guitar,” Richter said. “There’s
Driscoll’s witnesses and friends dled the situation,” Richter said. been no testimony that he was
and family members, as well
But, he continued, under selling alcohol … there’s been
as citizens who wanted to sup- Washington law, a government no testimony that he was selling
port him. County Administrator agency still has the right to en- hot foods.”
Kathy Spoor and senior prose- force lawful policies, even if
In an effort to prove the coun-
cutor Eric Weston sat in, along they’ve made mistakes in the ty had applied a unique standard
with Faith Taylor-Eldred, Tim past. And, Richter added, citi- to Driscoll’s business, Cushman
Crose and Megan McNelly, all zens still expect the DCD to up- called several witnesses, includ-
from Community Development. hold the county’s health, safety ing Susan Hagerup, a former
Driscoll’s uncle, Dick Sheldon, and environmental policies.
co-owner of Ole Bob’s seafood
whom the county had called as
Cushman argued the DCD market in Ilwaco, and David
a potential witness, waited in didn’t just enforce their policies Bross, who owned the Crab Pot
the lobby for much of the day. inconsistently at Oysterville Sea when it was just a seafood mar-
But like the other people on the Farms, they applied a completely ket.
county’s witness list, he was different, more burdensome stan-
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never asked to testify.
dard to that business than they sold a variety of retail items,
Speaking on behalf of the did to other seafood markets. sold beer and wine for takeaway,
county, deputy prosecutor Don Cushman alleged that the coun- served ready-to-eat seafood
5LFKWHUVDLG'ULVFROOKDGGH¿HG W\¿UVWDSSURYHG'ULVFROO¶VSODQV products, and offered casual seat-
orders from the county to curtail then asked him to make costly ing where customers could enjoy
his activities. Richter acknowl- and time-consuming upgrades their purchases. However, unlike
edged that the DCD staff had to his facilities, and then, after Driscoll, Hagerup and Bross said
been inconsistent with Driscoll he had complied, changed their they’d rarely, if ever, met with
and had made mistakes, espe- policies and ordered him to stop. any resistance from Community
Development.
Pacing back and forth, and
gesticulating broadly, Cushman
delivered an impassioned cri-
tique of the county’s manage-
ment practices.
“Selling wine? All the other
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things that we sell? All the other
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doesn’t have a problem with any-
body doing it but us,” Cushman
said.
Richter objected to this rea-
soning, saying the county must
have some authority to regulate
activities at “grandfathered”
businesses in order to protect the
environment and prevent health
and safety hazards.
“You don’t get grandfathered
to make people sick,” Richter
said.
Not easy to decide
In his concluding remarks,
Goelz explained that, in all of
Washington history, there were
probably only a handful of cases
where a court had limited a gov-
ernment’s enforcement authority
based on errors it made in the
past.
“Generally speaking, gov-
ernment isn’t bound by past
conduct” for a variety of reasons,
Goelz said.
“On the other hand,” he con-
tinued, “ this is a pretty egregious
case where a person spends
money to jump through hoops
he’s required to jump through,
and suddenly we’re saying, ‘You
can’t do that.’”
Goelz said he planned to re-
view previous testimony and
case law before coming to a con-
clusion.
“It’s not an easy case to de-
cide,” Goelz said.
ENCORE board elected for 2016 GRADUATES
On May 29, at the annual
general membership meeting of
Exploring New Concepts of Re-
tirement Education (ENCORE)
held in Astoria, the following
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ce, president; Gerri Penny, vice
president; Anne Gant, secretary;
and Ellen Stoner, treasurer.
ENCORE, a member-run
organization sponsored by
Clatsop Community College,
is for retirement-aged people
who want to continue learning.
For information and a mem-
bership form, contact Mary
Kemhus, community educa-
tion coordinator at CCC at
503-338-2408.
Timothy Elliott Putman has received a Ph.D. in mo-
lecular and cellular biology from Oregon State Universi-
ty in Corvallis. His thesis was on “A Culture-Independent
Approach to Chlamydial Genomics.” He has accepted a
post-doctoral position at the Scripps Research Institute in
La Jolla, Calif.
Putman is a 1999 graduate of Seaside High
School, and a 2009 graduate of the University of Or-
egon. He is the son of Steve and Marcia Putman of
Gearhart.
The following student has graduated from college:
Williams College
Williamstown, Mass.
Astoria: Jasmine M. Thomasian, bachelor’s degree, reli-
gion.
The following student has graduated from an alternative
high school:
Oregon National Guard Youth Challenge Program
Bend
Seaside: Brandon Velazquez.
RELIGION BRIEFS
Astoria First United
Methodist
The Astoria First United
Methodist Church, 1076 Frank-
lin Ave., is holding a Triple De-
light: Music, Meal and Auction
Fundraiser Saturday to support
its mission, including being
the new home of the Astoria
Warming Center, starting this
winter.
The concert, by violinist
Kim Angelis and guitarist Jo-
sef Gault, is from 6 to 7 p.m.,
during the spaghetti dinner, and
is followed by a live and silent
auction at 7 p.m. The doors
open at 5:30 p.m., and the cost
is $10 for adults and $5 for chil-
dren younger than 12.
Auction items donat-
ed by local businesses and
friends and members of the
church include a one night
stay at the Benjamin Young
Inn (includes full break-
fast), a manicure and ped-
icure at Shear Expressions,
cookies every month for
a whole year, an original
painting by Sue Bish, three
hours of yard work and
much more.
The Rev. Carol Pritchard
said the church will add a
shower, washer and dryer to
help serve the area’s homeless,
adding that the center will open
around November, whenever
inclement weather is forecast-
ed. “It’s really a community
issue,” she said.
The purpose of the Satur-
day fundraiser is also to help
continue the church’s support
to local missions, including
providing free meeting space
for Alcoholics Anonymous, Al-
anon, Girl Scouts, free exercise
classes and other events.
Grace Episcopal
Sunday is Hunger Aware-
ness Sunday at Grace Epis-
copal Church, 1545 Franklin
Ave., with an ingathering for
the Hunger Ministries at the
church at both the 8 and 10 a.m.
services. Both monetary and
nonperishable food items are
requested. Canned meals such
as chili and stew are especially
needed.
The monthly Communi-
ty Dinner is being served at 4
p.m. Sunday in the Parish Hall.
Those willing to help should
come at 3 p.m. to set up and at
5 p.m. to clean up.
For information, call the
church at 503-325-4691 or go
to www.graceastoria.org
Great Vow Zen
Monastery
CLATSKANIE — The
Great Vow Zen Monastery, lo-
cated at 79640 Quincy-Mayger
Road in Clatskanie, is holding a
Beginners’ Mind Weekend Re-
L oca l, Fa m ily O w ned Com pa ny
St. Mary, Star of the Sea
St. Mary, Star of the Sea
Catholic Church parish priest,
Rev. John Hung Tran, left re-
cently for a four week mission
trip to his native Vietnam and
other countries in Southeast
Asia, as well as the Philippines.
During his absence, Rev. An-
drew Garcia of the Jesuit Com-
munity of the University of
San Francisco is handling the
services.
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Sunday Masses at St. Mary’s
this past week, and remains for
three more weeks. When he
leaves, he will go to Portland,
where he will be doing forma-
tion work over the next year.
Ca ring Professiona l Service
Serving Fam ilies for G enerations
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M ortu ary & C rem atory
w w w .h u gh es-ra n som .com
SE A SID E • 220 N H ollad ay • 503.738.6622
treat, led by Adam Jogen Salz-
berg and Patrick Bansho Green,
from 5 p.m. July 10 to 1 p.m.
July 12.
During this weekend a mo-
nastic schedule is followed.
All elements of a meditation
retreat will be covered, in-
cluding basic meditation tech-
niques, posture, breathing,
formal meals, and dealing with
obstructions.
The cost is $150 ($120 for
Zen Community of Oregon; a
$75 reduced rate available to
those in need) plus donation.
For details, call 503-728-
0654 or email registrar@great-
vow.org. Register online at
http://bit.ly/1GxF59h
Th e Slack 5
A STO R IA • 576 12th Street • 503.325.2535