The daily Astorian., November 23, 2019, WEEKEND EDITION, Page 7, Image 7

A7
THE ASTORIAN • SATuRdAy, NOvEmbER 23, 2019
Decision: Counsels are concerned about the
future of contracts between the state and counties
Continued from Page A1
The rule defined “greatest per-
manent value” as a balance between
timber harvesting and preserving
clean drinking water, recreation and
wildlife habitat.
However, jurors found that the
state’s rule violated an 80-year-old
agreement with the counties by lim-
iting logging in state forests, thus
limiting their revenue. The state
intends to appeal.
“The state has adopted an admin-
istrative rule that defines ‘great-
est permanent value’ that prioritizes
other uses with timber and timber
harvesting and they did that unilat-
erally without the counties’ input,”
said Blair Henningsgaard, an Asto-
ria attorney who represents the Port
of Astoria and the Seaside and Jew-
ell school districts on the issue.
Two major facets of the lawsuit
are defining “greatest permanent
value” and counties protecting their
say in how forests are managed.
County counsels are con-
cerned about the future of contracts
between the state and counties, Clat-
sop County Counsel Heather Reyn-
olds said. For that reason, some were
concerned if their counties did par-
ticipate in the lawsuit and lost it
would create a precedent that the
state can override such contracts.
But others have questioned why
Clatsop County was the only county
to opt out.
“So why wouldn’t Clatsop
County take an interest in it? And
if their voice is the biggest and they
say, ‘No, we like what’s going on,’
they would have a voice in saying
that. But by sitting out on the side-
lines, they don’t have that voice,”
Henningsgaard said.
Prior to the commission’s vote,
Scott Lee, the chairman at the time,
said: “Some have spoken of our need
‘I dON’T THINK THE
PEOPLE IN SALEm
PARTICuLARLy
uNdERSTANd
OR CARE AbOuT
PEOPLE OuTSIdE
OF PORTLANd ANd
SALEm. yOu CAN
SAy THAT’S TRuE
bECAuSE THAT’S
WHERE ALL THE
PEOPLE LIvE, buT
WE’RE PEOPLE,
TOO, OuT HERE.’
Blair Henningsgaard |
Astoria attorney
to have a ‘seat at the table’ because
then our voice would be heard. But
this makes little sense to me. Clatsop
County’s values are not the values
expressed in the lawsuit. Why would
we join a lawsuit that demands max-
imum timber harvest over all other
interests if we don’t support that
position?”
Lee joined Commissioner Sarah
Nebeker and Commissioner Kath-
leen Sullivan in the vote to opt out.
Commissioner Lianne Thompson
and Commissioner Lisa Clement
opposed the move. Clement, like
Lee, chose not to run for reelection
last year.
Commissioners received over-
whelming public comment asking
them to opt out of the lawsuit. Their
decision was made in the Judge Guy
Boyington Building, named in honor
of the man behind the very contract
with the state being litigated.
During the Great Depression,
instead of paying taxes on land that
was harvested, private timber com-
panies turned the land over to the
counties to deal with after it was
logged.
Counties did not have the
resources to manage the land and the
state didn’t have a forestry depart-
ment at the time.
In 1939, the state and counties
came to an agreement, initiated by
Boyington, to consolidate the fore-
closed lands under public owner-
ship to restore timber production
and “to secure the greatest perma-
nent value” and share the revenue
with the counties.
“I’ve always called it forest trust
lands ... now they call them ‘state
forests,’” Henningsgaard said. “But
I think it’s really clear that the orig-
inal transfers from the county to the
state were simply the state would
keep enough money to operate its
forestry department and everything
else goes to the counties.
“And that was really good for the
state when they didn’t have a forestry
department. And all of a sudden they
had this money that they could fund
a forestry department and now they
want to make parks and trails ... and
there’s so much money there that
they want to just take it. And year by
year they just kind of chip away at
the concept of the whole deal.”
Henningsgaard believes many
people in urban areas see the forest
trust lands as places to preserve trees
and provide recreation, not for log-
ging on behalf of the counties.
“I don’t think the people in Salem
particularly understand or care
about people outside of Portland
and Salem. You can say that’s true
because that’s where all the people
live, but we’re people, too, out here,”
he said.
OBITUARIES
Scott ‘Scooter’ Lagerquist
Astoria
March, 25, 1949 — Nov. 17, 2019
Scott “Scooter” Lagerquist ers and father as a mason. He built
passed away on Nov. 17, 2019, at the Warrenton welcome sign on
Oregon Health and Science Uni- U.S. Highway 101, the fireplaces
versity’s hospital in
at Camp 18, as well as
Portland, after a short
many hotels scattered
around Clatsop County.
battle with leukemia.
In 1999, Scott and
He was 70, but to many,
Betty opened “Scoot-
he was the strapping,
er’s Family Restaurant”
young at heart, witty
on U.S. Highway 26.
man who could make
He used to like to say, “I
you laugh with only just
had all these daughters,
a few words.
so I thought I’d put them
Scott was born a
to work.” The family
baby boomer in 1949
Scott Lagerquist
ran the restaurant until
in Minneapolis to Mil-
ton and Beatrice (Tall-
2006, when Scott finally
retired.
man) Lagerquist. He
To simply name
was one of six broth-
ers, Lawrence, Keith,
Scott’s
children,
grandchildren
and
Milton, Christopher and
great-grandchildren
Michael, all proud of
cannot capture the true
their Swedish heritage,
warmth and love Scott
which showed mostly in
their towering stature.
had for his large family. They are
After school, he joined the more than just placeholders, they
Marines and was stationed in Mem- were his north stars, his friends,
phis, Tennessee, where he met his his clan. He will be missed by
lifelong partner and wife, Betty. many, but he can still be found in
They had four children together, the wit and humor of his children,
Scott Jr., Jennifer and identical and on the faces of his entire fam-
ily throughout Astoria and beyond.
twins Dayna and Amanda.
His wife Betty, his chil-
After his years in the Marines,
including a stint in Okinawa, Japan, dren Scott, Jenny, Dayna and
Scott, Betty and their children fol- Mandy, his grandchildren Chris-
lowed his parents from Minnesota tina, Candie, Amber, Lori, Chris-
to Cannon Beach, Oregon, where topher, Brandon, Bryan, Abigail
Scott worked for Crown Zeller- and Chloe, as well as his seven
bach as a choke setter.
great-grandchildren, will always
In 1980, Scott’s family again carry Scooter in their hearts. So
crossed the country to Florida, raise a glass for Scott. He is free.
where he worked in construction Skol.
Please join the family of Scott
with his brother, Larry. But the
family always missed the Oregon Lagerquist this Saturday at 5 p.m.
Coast, and in 1993 they returned, at the Elks Lodge in Astoria, Ore-
where Scott worked with his broth- gon, for a potluck celebration.
James Albert ‘Jim’ Pohl
Dilemma: ‘This will create a lot of conversations’
Continued from Page A1
The plaintiffs include Ben-
ton, Clackamas, Columbia, Coos,
Douglas, Josephine, Lane, Lincoln,
Linn, Marion, Polk, Tillamook and
Washington counties and other tax-
ing districts.
Clatsop County opted out of the
lawsuit, but numerous taxing dis-
tricts within the county are part of
the legal challenge.
The counties originally donated
more than 600,000 acres to the state
in return for timber revenue, but
they argued the government vio-
lated those contracts by prioritiz-
ing environmental and recreational
qualities in a 1998 rule change.
While the lawsuit was about
the state government’s contrac-
tual obligations, the case hinged on
whether the “greatest permanent
value” from forests came from tim-
ber production or whether environ-
mental and recreational consider-
ations must also be considered.
“While we are disappointed in
today’s verdict, we believe there
are strong arguments to be made on
appeal, and we plan to appeal this
decision,” said Fred Boss, deputy
attorney general with the Oregon
Department of Justice.
The Oregon Department of For-
estry believes the best long-term
outcome for the state’s residents,
including the counties and tax-
ing districts, is achieved with “bal-
anced and science-based public for-
est management,” said Liz Dent,
chief of the state forests division.
“We are disappointed that the
jury did not agree, but we respect
their time commitment and the dis-
ruption to their daily lives as they
analyzed complex information and
difficult legal questions,” Dent said.
John DiLorenzo, an attorney for
the county governments, said the
$1 billion award shows that Ore-
gon’s forest managers can’t uni-
laterally decide how the forests
should be managed without consid-
ering the state’s contractual obliga-
tions to the counties.
“I kind of consider this verdict
a repudiation of the state’s position
that there’s no contract and they
don’t need permission from their
rural partners when they decide to
change our deal,” he said.
If the state government decides
to challenge the validity of con-
tracts with the counties, or argues
that it has sovereign immunity that
prohibits such lawsuits, the litiga-
tion may continue for years before
the Oregon Court of Appeals and
the Oregon Supreme Court, he said.
However, the county plaintiffs
will try to convert the jury award
into a court judgment as soon as
possible, at which point the state
may be liable for 9% annual inter-
est if it eventually loses the case —
increasing the verdict by $90 mil-
lion a year, he said.
“Certainly, they can talk to us
about settling the case,” DiLorenzo
said. “Settlements can occur at any
time.”
When asked if a potential set-
tlement would involve a change
to state forest policies, DiLorenzo
said there’s an “infinite” number of
ways the problem could be ironed
out, and may involve the Legisla-
SEVENDAY FORECAST FOR ASTORIA
TODAY
SUNDAY
MONDAY
TUESDAY
ture weighing in on the situation.
“I hope our current governor
gets interested in resolving this in
a way that will help the people in
these rural towns,” he said.
Charles Boyle, press secretary
for Gov. Kate Brown, said the ver-
dict “was not an unexpected first
step in what will be a lengthier
legal process, and it would be pre-
mature at this point to make bud-
get decisions based on the jury’s
decision.”
Linn County, the lead plaintiff,
will soon be discussing the ver-
dict with other counties and taxing
districts, but is appreciative of the
jury’s decision, said Roger Nyquist,
a Linn County commissioner.
“Going forward, this will create
a lot of conversations and I think
that’s a good thing,” Nyquist said.
The Wild Salmon Center and
several other nonprofit groups tried
to intervene in the case as defen-
dants, but a state judge denied the
request because the lawsuit dealt
with contractual rather than envi-
ronmental concerns.
Ralph Bloemers, an attorney
with the Crag Law Center who
represented those groups, said he
expects the jury’s verdict will be
overturned on appeal.
“Since Oregon acquired these
logged-over lands in the Great
Depression, Oregonians have
invested millions of our tax dollars
in fixing them for everyone’s ben-
efit,” Bloemers said. “While we all
use and enjoy wood products, state
law recognizes that our forests also
provide us with clean drinking
water, fish and wildlife.”
WEDNESDAY
THURSDAY
Astoria
July 15, 1952 — Nov. 18, 2019
James Albert Pohl, 67, passed pleted Board on Police Standards
away Nov. 18, 2019, at home in and Training in 1987. He was
class No. 42.
Astoria, Oregon.
In March 1994,
He was born July
he became a certi-
15, 1952, to Edward
fied trainer for tactical
and Alvena Pohl, in
baton instruction. In
Portland, Oregon. He
1995, he became certi-
grew up in Deer Island,
fied as a restraint law
Oregon, where he and
enforcement instructor.
his brothers explored
He also served as a sur-
for countless hours in
vival skills instructor.
the woods and raised
In addition to his
chickens.
wife, daughters and
He graduated from
James Pohl
grandchildren,
he
St. Helens High School
is survived by his
in 1970. While in
brother, Edward (Barb) Pohl of
school, he participated in track.
On May 18, 1974, Jim mar- St. Helens; four nieces; and two
ried the love of his life, Carol nephews.
Jim enjoyed his grandchildren
Emerson. Together they have two
daughters, Sabrina (Steven) Hill and taekwondo. His favorite hol-
of Astoria and Julie (John) Lewis iday was Halloween.
He is preceded in death by
of Astoria. He enjoyed his three
grandchildren, Isaiah Hill, Jonah both of his parents and his broth-
ers, Ricky Pohl and Larry Pohl.
Hill and Savannah Lewis.
A celebration of life will be
Jim worked for the Clat-
sop County Sheriff’s Office for held at the Clatsop County Fair-
approximately 20 years. He com- grounds Sunday at 1 p.m.
OBITUARY POLICY
The Astorian publishes paid obituaries. The obituary can include
a small photo and, for veterans, a flag symbol at no charge. The dead-
line for all obituaries is 9 a.m. the business day prior.
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St. in Astoria.
For more information, call 503-325-3211, ext. 257.
FRIDAY
REGIONAL FORECAST
Shown is today’s weather. Temperatures are today’s highs and tonight’s lows.
Seattle
53 45
54 43
50 38
46 34
46 31
Mostly cloudy;
A little morning
Occasional rain Chilly with rain
Mostly cloudy
chilly
rain
44 30
44 32
Partly sunny A chance of rain
Aberdeen
Olympia
52/47
53/47
Wenatchee
Tacoma
Moses
Lake
53/44
ALMANAC
UNDER THE SKY
TODAY'S TIDES
Astoria through Thursday
Tonight’s Sky: Low southwest
at sunset, brighter Venus and
Jupiter are just 2 degrees apart.
Astoria / Port Docks
Temperatures
High/low ................................ 55/32
Normal high/low .................. 52/39
Record high .................. 66 in 1954
Record low .................... 25 in 1985
Precipitation
Thursday ................................. 0.00”
Month to date ........................ 1.90”
Normal month to date ......... 7.56”
Year to date .......................... 40.65”
Normal year to date ........... 53.78”
Forecasts and graphics provided by
AccuWeather, Inc. ©2019
Time
10:16 a.m. 8.8 4:03 a.m.
10:55 p.m. 7.4 4:56 p.m.
Cape Disappointment
9:52 a.m. 8.5 3:12 a.m.
10:36 p.m. 7.0 4:11 p.m.
Source: Jim Todd, OMSI
Hammond
SUN AND MOON
Sunrise today .................. 7:27 a.m.
Sunset tonight ............... 4:36 p.m.
Moonrise today .............. 3:35 a.m.
Moonset today .............. 3:25 p.m.
New
First
Full
Last
10:03 a.m. 9.2 3:33 a.m.
10:43 p.m. 7.7 4:28 p.m.
Warrenton
10:11 a.m. 9.2 3:47 a.m.
10:50 p.m. 7.8 4:40 p.m.
Knappa
10:53 a.m. 9.0 5:04 a.m.
11:32 p.m. 7.7 5:57 p.m.
Depoe Bay
Nov 26 Dec 3 Dec 11 Dec 18
9:06 a.m.
9:49 p.m.
9.0 2:40 a.m.
7.3 3:41 p.m.
1.1
0.2
1.1
0.2
1.1
0.3
1.2
0.3
0.9
0.2
1.3
0.4
City
Atlanta
Boston
Chicago
Dallas
Denver
Honolulu
Houston
Los Angeles
Miami
New York City
Phoenix
San Francisco
Wash., DC
Today
Hi/Lo/W
Sun.
Hi/Lo/W
65/45/r
47/37/s
42/28/pc
59/38/s
53/31/pc
85/74/pc
67/44/s
74/52/s
82/70/pc
46/40/pc
70/47/s
63/47/s
49/41/r
57/39/s
47/37/r
46/36/c
67/46/s
57/31/pc
86/74/pc
70/51/s
75/50/s
85/64/pc
47/36/r
71/46/s
62/47/pc
52/36/r
Weather (W): s-sunny, pc-partly cloudy,
c-cloudy, sh-showers, t-thunderstorms,
r-rain, sf-snow fl urries, sn-snow, i-ice.
45/39
Hermiston
The Dalles 52/44
Enterprise
Pendleton 50/33
53/43
51/40
La Grande
52/36
50/40
NATIONAL CITIES
High (ft.) Time Low (ft.)
46/37
Kennewick Walla Walla
47/41 Lewiston
50/42
51/43
Salem
Pullman
49/33
Longview
53/45 Portland
51/42
42/35
Yakima 43/33
51/43
Astoria
Spokane
41/34
Corvallis
51/38
Albany
50/38
John Day
Eugene
Bend
51/37
56/35
52/35
Ontario
50/26
Caldwell
Burns
52/20
49/26
Medford
56/32
Klamath Falls
52/24
City
Baker City
Brookings
Ilwaco
Newberg
Newport
Today
Hi/Lo/W
50/26/c
58/44/pc
53/48/c
49/39/pc
54/45/pc
Sun.
Hi/Lo/W
46/23/sf
59/45/pc
53/45/r
53/38/r
54/42/r
City
North Bend
Roseburg
Seaside
Springfi eld
Vancouver
Today
Hi/Lo/W
55/42/pc
51/38/pc
53/48/c
52/39/pc
50/40/pc
Sun.
Hi/Lo/W
55/40/r
52/41/c
54/43/r
52/38/r
53/38/c