2A
THE DAILY ASTORIAN • MONDAY, AUGUST 21, 2017
Critics claim ruling allows payoffs for farm impacts
Appeals court
ruling under
state scrutiny
By MATEUSZ
PERKOWSKI
EO Media Group
Critics claim an Oregon
Court of Appeals ruling will
undermine farmland protec-
tions by allowing developers
to pay off farmers rather than
avoid disrupting agricultural
practices.
The s tate is joined by the
Oregon Farm Bureau and the
1,000 Friends of Oregon con-
servation group in asking the
Oregon Supreme Court to
overturn that decision.
The dispute emanates from
a lawsuit over the planned
expansion of the Riverbend
Landfi ll onto farmland, which
was permitted by Yamhill
County over the protests of
neighboring landowners.
Earlier this year, the Court
of Appeals decided that Yam-
hill County didn’t violate
land use law by requiring
Waste Management, the land-
fi ll’s owner, to compensate
farmers for impacts to their
operations.
Mateusz Perkowski/EO Media Group
Ramsey McPhillips, a farmer near McMinnville, discusses impacts from a nearby landfill
on his property. A lawsuit over the landfill’s expansion will be reviewed by the Oregon
Supreme Court.
For example, Waste Man-
agement must either pay a
farmer for cleaning up trash
blown onto his property from
the landfi ll, or hire a third party
to perform the service.
The company must also
pay another nearby farmer
for orchard crops that are
destroyed by waste from birds
that are attracted to the landfi ll.
Critics argue this type of
compensation isn’t allowed
under Oregon’s land use law,
which aims to preserve farm-
land and avoid disruption to
agricultural practices.
“I don’t want to be paid
off. I just want them not to
affect my farm,” said Ram-
FIVE-DAY FORECAST FOR ASTORIA
TONIGHT
TUESDAY
WEDNESDAY
56
69
57
Increasing cloudiness
Sun and areas of low
clouds
ALMANAC
69
52
Times of sun and clouds
Mostly sunny
First
Full
Aug 29
Newport
52/64
Coos Bay
54/67
Sep 12
Burns
47/93
Klamath Falls
52/89
Lakeview
51/90
Ashland
63/96
Forecasts and graphics provided by AccuWeather, Inc. ©2017
Source: Jim Todd, OMSI
TOMORROW'S TIDES
Astoria / Port Docks
Time
8:43 a.m.
8:52 p.m.
Low
-1.4 ft.
0.7 ft.
REGIONAL CITIES
City
Baker City
Bend
Brookings
Eugene
Ilwaco
Klamath Falls
Medford
Newberg
Newport
North Bend
Hi
90
90
66
89
68
92
99
90
63
65
Today
Lo
47
54
54
55
58
52
63
59
52
54
W
s
s
pc
pc
pc
s
s
pc
pc
pc
Hi
96
93
65
87
66
89
99
89
64
66
Tues.
Lo
53
55
55
56
59
56
64
58
54
56
W
s
s
pc
s
c
s
s
s
pc
pc
City
Olympia
Pendleton
Portland
Roseburg
Salem
Seaside
Spokane
Springfi eld
Vancouver
Yakima
Hi
83
91
88
92
92
72
86
90
87
92
Today
Lo
53
60
61
60
59
57
58
57
59
54
W
pc
s
pc
pc
pc
pc
pc
pc
pc
s
Hi
84
97
88
91
89
69
91
88
87
97
Tues.
Lo
55
65
60
60
59
58
62
58
59
62
W
s
s
s
s
s
c
s
s
s
s
TOMORROW'S NATIONAL WEATHER
NATIONAL CITIES
Hi
92
86
88
87
92
89
87
66
89
89
84
96
80
91
93
90
91
88
95
88
85
94
73
80
90
Ontario
55/96
Roseburg
60/91
Brookings
52/64
Tonight's Sky: Total solar eclipse! Sunrise will be at
6:21 a.m. First contact at 9:05 a.m. Second contact
at 10:17 a.m. Totality at 10:18 a.m. Last contact at
1:37 a.m. Sunset will be at 9:07 p.m.
Today
Lo
74
71
71
58
69
71
69
49
76
73
71
78
64
77
81
75
78
74
74
74
74
69
61
58
76
By PARIS ACHEN
Capital Bureau
Baker
47/96
John Day
56/96
Bend
54/93
Medford
63/99
UNDER THE SKY
High
9.0 ft.
8.2 ft.
Prineville
51/96
Lebanon
58/89
W
s
pc
pc
pc
r
t
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c
c
pc
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Tues.
Hi Lo
91 75
87 71
79 59
86 59
81 55
82 57
90 71
62 47
90 77
80 62
83 57
100 81
82 64
93 74
89 79
93 73
89 77
89 73
92 67
93 75
84 62
92 69
73 59
83 59
94 77
Shown are noon positions of weather systems and precipitation. Temperature bands are highs for the day.
W
pc
s
t
pc
pc
t
t
c
sh
t
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broad look at the farm impacts
test,” Bernasek said.
Opponents of the Court of
Appeals’ interpretation recently
fi led their opening briefs with
the Supreme Court, to which
Yamhill County and Waste
Management must respond
by the end of September. Oral
arguments in the case are
scheduled for mid-November.
Tim Sadlo, general coun-
sel for Yamhill County, said
the planned landfi ll expan-
sion has been greatly reduced
in size but other requirements
were imposed on Waste Man-
agement to prevent potential
adverse effects.
“I don’t think we tried to
buy anybody off,” Sadlo said.
“We can fi x it with conditions,
and that’s what we tried to do.”
The county set the com-
pensation requirement despite
there being limited evidence
of birds defecating on fruit and
garbage drifting onto neighbor-
ing property, he said.
Sadlo said he’s surprised
the Supreme Court has agreed
to review the case and disap-
pointed that the state govern-
ment wants the previous ruling
reversed.
“I think it’s regrettable
they’ve decided to pile on,” he
said.
New education union president
seeks conservative inclusion
Larson has
bipartisan
approach
La Grande
50/94
Salem
59/89
Last
Sep 5
Pendleton
60/97
The Dalles
61/97
Portland
61/88
Eugene
55/87
Sunset tonight ........................... 8:14 p.m.
Sunrise Tuesday .......................... 6:24 a.m.
Moonrise today ........................... 6:11 a.m.
Moonset today ........................... 8:23 p.m.
City
Atlanta
Boston
Chicago
Denver
Des Moines
Detroit
El Paso
Fairbanks
Honolulu
Indianapolis
Kansas City
Las Vegas
Los Angeles
Memphis
Miami
Nashville
New Orleans
New York
Oklahoma City
Philadelphia
St. Louis
Salt Lake City
San Francisco
Seattle
Washington, DC
Low clouds
Tillamook
55/70
SUN AND MOON
Time
1:57 a.m.
2:56 p.m.
66
51
Shown is tomorrow's weather. Temperatures are tonight's lows and tomorrow's highs.
ASTORIA
56/69
Precipitation
Sunday ............................................. 0.00"
Month to date ................................... 0.38"
Normal month to date ....................... 0.62"
Year to date .................................... 50.05"
Normal year to date ........................ 37.56"
Aug 21
69
52
FRIDAY
REGIONAL WEATHER
Astoria through Sunday.
Temperatures
High/low ....................................... 69°/49°
Normal high/low ........................... 69°/53°
Record high ............................ 89° in 1966
Record low ............................. 43° in 1947
New
THURSDAY
sey McPhillips, the landowner
who would be compensated
for trash clean up.
Such compensation should
not be a condition of county
permits allowing non-farm
uses, since farming operations
could be rendered unfeasible
even if the growers receive
money, critics argue.
Such pay offs would make
it easier to site other condi-
tional use developments on
farmland, such as mines, golf
courses, large transmission
towers and power facilities,
according to critics.
“Now, all they need is to
force the farmer to be paid off
for the loss, and they can have
their development. Where does
that end?” said McPhillips.
Under Oregon law, coun-
ties can issue such conditional
use permits for non-farm uses
as long as they don’t signifi -
cantly change or drive up the
cost of farm practices on sur-
rounding land.
Conditions imposed on
such permits should prevent
such impacts, instead of allow-
ing the disruption as long as
farmers are compensated, said
Tim Bernasek, attorney for the
Oregon Farm Bureau, which
weighed in on the case.
“That’s not how it’s sup-
posed work,” Bernasek said of
the payment requirement.
The landfi ll dispute is note-
worthy because it’s poised to
defi ne what is a signifi cant
impact to farmland, which has
been vague up until now, he
said.
“This is really the fi rst time
the Supreme Court is taking a
SALEM — John Larson
has been involved in working
bipartisan relationships since
he was born.
Both schoolteachers, his
mother was a Republican, and
his father was a Democrat.
As the freshly minted
president of the Oregon Edu-
cation Association, Larson
hopes to bring his biparti-
san background to make the
state’s largest labor union
more effective in building
support for public education.
“We tend to be viewed as a
liberal organization, but real-
ity is more than one-third of
our members are conserva-
tives,” Larson said.
In his career as an English
teacher and union representa-
tive in Eastern Oregon, Lar-
son routinely worked across
party lines. He worked in
both the Morrow County
School District and, most
recently, the Hermiston
School District.
Paris Achen/Capital Bureau
John Larson, the new pres-
ident of the Oregon Educa-
tion Association, hopes to
bring his bipartisan back-
ground to make the state’s
largest labor union more
effective in building sup-
port for public education.
Larson, who is unaffi liated
with any political party, plans
to revive a plan for an Ore-
gon Education Association
Republican caucus, a group
of conservative educators who
want to advocate for public
education.
“We are in the beginning
stages but we fi rmly believe
as Oregonians we need all to
get on the same page,” he said.
“There is not a single member
who doesn’t believe public edu-
cation is important. We have
differences on how it should be
funded, but there isn’t anyone
who doesn’t think we should
have public education.”
PUBLIC MEETINGS
MONDAY
Astoria City Council, 7 p.m.,
City Hall, 1095 Duane St.
TUESDAY
Port of Astoria Commission,
4 p.m., special session to
interview candidates, 5 p.m.,
Such inclusion may seem at
odds with an association that
most closely aligns with Dem-
ocratic candidates and bal-
lot measures. Larson sees the
shift as following the mission
of the association to do what is
best for the students in public
education.
As the son of schoolteach-
ers in Montana, Larson grew
up in a culture that values union
ideals. His fi rst stint as union
representative came early in
his career when he volunteered
as a building representative for
the Morrow County Education
Association. He later served as
president for the association
for four years.
During his involvement in
the Oregon Education Asso-
ciation , he has served as bar-
gaining chair, president of
the Hermiston Association of
Teachers, the National Educa-
tion Association b oard direc-
tor, NEA PAC captain, on res-
olution committees for NEA
and OEA, and on the OEA
Executive Committee.
He was elected as OEA
president in April and started
his four-year term in July .
The Capital Bureau is a
collaboration between EO
Media Group and Pamplin
Media Group.
DEATH
regular meeting, Port offi ces,
10 Pier 1, Suite 209.
Warrenton City Commis-
sion, 6 p.m., City Hall, 225 S.
Main Ave.
Astoria Planning Commis-
sion, 6:30 p.m., City Hall, 1095
Duane St.
Aug. 19, 2017
BEIGH, George Ronald,
69, of Seaside, died in Sea-
side. Ocean View Funeral
& Cremation Service of
Astoria is in charge of the
arrangements.
LOTTERIES
OREGON
Sunday’s Pick 4:
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4 p.m.: 6-2-9-0
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10 p.m.: 5-4-3-8
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sh-showers, t-thunderstorms, r-rain, sf-snow fl urries,
sn-snow, i-ice.
Saturday
August
26
Astoria Fire Open House
555 30th Street 11am-3pm
Food, Fun, Firefighters!
Free hot dogs, chips, coffee and soda
compliments of the members of the IAFF Local 696
Fire safety and tsunami/disaster information available
All AFD Apparatus will be on display
SPARKY and SMOKEY will be on hand!
Jr. Firefighter Challenge Course
www.facebook.com/astoria696
10 p.m.: 4-8-4-7
Friday’s Pick 4:
1 p.m.: 6-4-8-6
4 p.m.: 0-8-9-7
7 p.m.: 1-1-9-9
10 p.m.: 0-1-6-8
Friday’s Mega Millions: 1-31-
34-40-75, Mega Ball: 6
Estimated jackpot: $25 million
WASHINGTON
Sunday’s Daily Game: 8-5-2
Sunday’s Keno: 05-07-14-16-17-
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Estimated jackpot: $1.7 million
Saturday’s Match 4: 12-14-23-
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Friday’s Daily Game: 0-9-9
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Friday’s Match 4: 06-12-15-19
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