10A
THE DAILY ASTORIAN FRIDAY, FEBRUARY 26, 2016
Marquis: Made complaint after seeing YouTube videos
a threat to a fair trial.
In Oregon, pretrial public-
Refuge through threats, intim- ity is not considered prejudi-
idation and force. The armed cial unless there’s a showing of
takeover of the refuge began a clear and present danger to a
Jan. 2 and lasted 41 days. fair trial, he said.
Ammon Bundy, the leader, has
According to a state bar
said the occupation was to pro- ethics opinion on Oregon’s
test the return to prison of two pretrial publicity rule, any
Harney County ranchers and analysis on whether a law-
the federal control of public yer’s statement is prohib-
land.
ited “will turn on whether the
Portland attorney Peter Jar- lawyer knows or reasonably
vis, who has been advising the VKRXOG NQRZ WKDW WKH H[WUDMX-
$UQROGODZ¿UPDQGLVGHIHQG- dicial statement will have a
ing the lawyers against Mar- substantial, i.e.,highly proba-
quis’ state bar complaint and ble, likelihood of materially,
WZR RWKHUV SUHYLRXVO\ ¿OHG i.e.,seriously, prejudicing an
said Thursday night that he LPPLQHQW IDFW¿QGLQJ SURFHVV
believes all the complaints will in a matter in which the lawyer
be “short-lived.’’ The prior two is involved.’’
complaints dealt with visits by
“That just isn’t here,’’ Jarvis
DWWRUQH\V IURP $UQROG¶V ¿UP added.
to the refuge before Bundy
The court has several ways
retained them.
to weed out biased jurors,
Jarvis noted that Oregon and any publicity that Arnold
law sets a much higher bar DQG KLV ¿UP KDV RIIHUHG WKDW
than most other states before PD\ EH FRQVWUXHG DV EHQH¿-
pretrial publicity is considered cial to his client is but “a drop
Continued from Page 1A
learning of two other com-
plaints submitted to the bar
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and then watching three You-
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on its website. Marquis par-
ticularly noted a video of the
Feb. 12 comments on the fed-
eral courthouse steps made
by Arnold, Nevada Assem-
blywoman Michele Fiore and
several other Nevada legisla-
tors commenting on the merits
of the case.
“I’ve spent years both in
Beth Nakamura/The Oregonian
Oregon and national discuss-
Mike Arnold, attorney for Ammon Bundy, speaks at a news ing the positive values of law-
conference held outside the Mark O. Hatfield U.S. Court- yers appropriately discussing
house in Portland on Wednesday. Bundy and other defen- cases without trying their cases
dants have pleaded not guilty to a federal conspiracy charge on courthouse steps,’’ Marquis
related to the armed takeover of an Oregon wildlife refuge.
said.
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in the ocean’’ compared to all may have contributed to the in this arena as well.
the publicity surrounding the debate here is a drop in the
In 1994, he successfully
Bundy case, Jarvis said.
ocean.’’
defended attorney Ronald H.
“The totality of the public-
Marquis, a former reporter Hoevet against a complaint
ity about Ammon Bundy is not who has been an outspoken, to the state bar that contended
positive, it’s negative,’’ Jarvis media savvy prosecutor, said Hoevet had violated state ethics
argued. “What Mike Arnold KH ¿OHG WKH FRPSODLQW DIWHU rules by his public comments
about ice skater Tonya Harding.
Hoevet, who represented
Jeff Gillooly, Harding’s
H[KXVEDQGVDLGGXULQJDQHZV
conference that it would be
‘’unconscionable’’ for Harding
to skate in the Olympics.
He also said that Harding
was involved from the start of
the conspiracy to assault com-
petitor Nancy Kerrigan and that
Harding needed to get past her
‘’denial’’ stage.
In Jarvis’ response to the
bar complaint in Hoevet’s case,
he wrote, ‘’In light of the total
publicity in this case, Mr. Hoe-
vet’s remarks did not create a
substantial likelihood of mate-
rial prejudice with respect to
any proceeding involving Ms.
Harding.’’
Casey issued a statement
in response to Marquis’ com-
plaint: “When the govern-
ment is complaining about free
speech in a free-speech case, I
guess you’re doing something
right.’’
Nicholson: Final decision must be made by March 17
Continued from Page 1A
In January, planning com-
missioners said the devel-
opment plan lacked details,
including when and how the
new houses would be built,
landscaping and protections for
neighbors during construction.
Friends of Cannon Beach
said the approval set unwanted
precedent for future develop-
ments, since the City Coun-
cil’s tentative approval came
after a threatened lawsuit by the
developer.
“Friends of Cannon Beach
still strongly oppose this devel-
opment because it sets several
dangerous precedents, circum-
vents our laws, and is being
pushed with threats,” Friends
of Cannon Beach President Jeff
Harrison said. “The city has
DOUHDG\ VSHQW RI WD[-
payer money from the general
fund to pay the land use attor-
ney to deal with this problem-
atic development. This just isn’t
the Cannon Beach way.”
Overlay zone at issue
The 532 N. Laurel St. prop-
erty was purchased by Nich-
olson in 2014 for $900,000.
Nicholson said he plans to con-
struct four family-sized homes
on the .57-acre lot, which
would include rebuilding the
100-year-old home on the
property.
Nicholson said the Plan-
ning Commission’s unanimous
recommendation is unlikely to
sway the City Council because
the commission has “no deci-
sion-making capability.”
“Me spending half a mil-
lion dollars is not so somebody
else can’t make a McMansion,”
Nicholson said. “I’m just trying
to get it so I can build, on these
lots, normal-sized houses.”
A city staff report issued this
week responded to concerns
raised at the Planning Commis-
sion hearing by stating that the
City Council has the “ultimate
authority to approve or deny
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Among the more conten-
tious issues during the coun-
cil’s deliberations was whether
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“planned development overlay
zone,” a tool that allows for zon-
ing changes on a parcel of land
based on the land’s natural fea-
tures. In this case, the overlay
allows for greater housing den-
sity on property that, because of
its slope, would otherwise allow
for only one structure, which the
property already has.
Additional conditions for
the building include measuring
building height, compensation
for repairs should construction
work cause damage and shared
driveway plans, among others.
Friends of Cannon Beach
object not only to the approval,
but the process.
“The Planning Commission
lists their numerous and sub-
stantial objections that lead to
their decisive and unanimous
denial,” Harrison said. “How
or why would the planner feel
the need to still take license and
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staff report?”
The city’s decision to place
a planned development and
overlay zone designation on the
property remains in effect, the
city said this week.
Since the city determined
the application was complete in
1RYHPEHULWPXVWPDNHD¿QDO
decision within 120 days, or by
March 17.
Nygaards:&RPSDQ\OHYHOHG¿OOHGZHWODQGVWRFUHDWHSDVWXUHV
Continued from Page 1A
changes … then that would
trigger needing a permit from
us.”
But, in addition to logging,
the company also leveled and
¿OOHG ZHWODQGV WR FUHDWH SDV-
tures on the land, part of a for-
mer dairy farm. The Depart-
ment of State Lands met with
Warrenton Fiber Co. at the site
in August, reminded the com-
pany about the need for a per-
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was joined by another from the
U.S. Army Corps of Engineers
in September.
Curtis said the company’s
work included digging up 3,500
feet of a creek running through
the property and dumping the
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The state and Corps turned
the investigation over to the
EPA based on multiple past vio-
lations by the Nygaard fami-
ly’s companies, including wet-
ODQG¿OOVQHDUWKHLUVWRFN\DUGLQ
Hammond in 2009 and a prop-
erty in Seaside in 2007.
“Our goal with the Clean
Water Act is to ensure no net
loss of wetlands,” Vallette said,
adding Nygaard Land would
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