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About The Bulletin. (Bend, OR) 1963-current | View Entire Issue (Jan. 6, 2022)
The BulleTin • Thursday, January 6, 2022 A13 ryan Brennecke/The Bulletin An aerial view, looking west, of the site of the former KorPine particle board plant near Bend’s Old Mill District on Wednesday. Land Continued from A1 The goal of the new development is to create a “vibrant, connected and walkable community that preserves the character of the neighborhood and incorporates sus- tainable design principles,” according to an announcement from Kennedy Wilson. The land is in an opportunity zone, which is a zone that draws capital gains — money earned on stocks or real estate — into disadvantaged areas by allowing tax breaks for investors. Matt Windisch, executive vice president of Kennedy Wilson, said the opportunity to develop the land was brought to the de- velopment group by Day, owner of Hooker Creek Companies. The two entities have been working on this project for about nine months. Searches Continued from A1 The decision was made by six justices plus senior judge Jack Landau, who retired from the court at the end of 2017. Justice Thomas Balmer, a former No. 2 official at the Oregon Depart- ment of Justice, did not partic- ipate. The Oregon Constitution bars “unreasonable” searches and seizures, and court war- rants for police to conduct them must be based on “probable cause” and specify the place to be searched and the person or thing to be seized. But like its federal counterpart in the Fourth Amendment, the state guarantee has been the subject of numerous interpretations. The court upheld a 2017 rul- ing by Judge Lindsay Partridge in Marion County Circuit Court to exclude the seizure by Salem police of evidence from a lawfully parked and unoc- cupied truck about a mile east of the Marion County Court- house. A warrantless search on Nov. 28, 2016, uncovered heroin, a scale, and drug paraphernalia — and led to charges of pos- Capitol Continued from A1 GOP legislative leader makes governor run official Rep. Christine Drazan, R-Canby, announced Tues- day that she was running for governor. A rally in Aurora confirmed Drazan’s plans outlined late last year when she stepped down as House minority leader, but said she would retain her seat through the election. “Prices are rising, taxes are high, streets are lawless, schools are a mess, and too many of our fellow citizens are sleeping in the cold,” Drazan said at the rally. “Or- egonians are desperate for change. We don’t need more of the same,” Drazan enters a crowded field for governor, with 29 candidates from all parties fil- ing to run so far. One of Dra- zan’s opponents in the May 17 Republican primary, 2016 GOP governor nominee Bud Pierce of Salem, plans to for- mally announce his own en- try at a rally Thursday night Keith Herren, a managing director at Kennedy Wilson, said the site is appealing for development because of its proximity to downtown and a “rock’s throw” from the Deschutes River. “It’s one of those sites that has fantastic visibility, is surrounded by infill develop- ment, and of course an active recreational area directly adjacent,” Herren told The Bulletin. “You have all these incredible ex- isting attributes.” Herren and Windisch said it was pre- mature to estimate exactly how many units of housing are planned for the site, but called the project “housing driven” given Bend’s well-documented housing shortage. But residents shouldn’t expect to see any construction on the site in the next year or two, Herren and Windisch said. The next step is to submit a master plan to the city, which will provide more specifics about the development and be subject to public review, in the next few months. Windisch said while the intention is to provide some dense development to the area, the goal is to make it feel like it’s not a dense community. “We want to make it feel like it’s part of Bend,” he said. In a written statement, Day said he is thrilled to create a vibrant community that will play an important role in the city’s growth. “Our local presence, coupled with Ken- nedy Wilson’s track record of leading thoughtfully designed communities across the Western U.S., will result in the develop- ment of an exceptional project in the heart of Bend,” Day said. e Reporter: 541-633-2160, bvisser@bendbulletin.com “The state fails to address why one of the officers could not avail themselves of an existing process under Oregon law. … The answer seems to be that ‘we just don’t do it that way.’” — Judge Lindsay Partridge session and delivery of heroin against Charles Steven McCa- rthy, who had been the subject of an earlier investigation by police. A detective testified in cir- cuit court that police based the search on the “automobile exception,” which the Oregon Supreme Court decided on a split vote in 1986 was not sub- ject to the usual requirement for warrants under two condi- tions: “The car was mobile at the time it was stopped by the police, and the police had prob- able cause to believe that the car contained contraband or crime evidence.” Two justices, Hans Linde and Berkeley “Bud” Lent, dissented in the 1986 decision written by Justice Robert E. Jones. The Salem detective said po- lice did not choose to obtain a warrant because they believed the truck was “mobile,” and that it was not the practice of police in Marion County to seek war- rants by telephone. But Partridge wrote: “The state fails to address why one of the officers could not avail themselves of an existing pro- cess under Oregon law, make a call on a cellphone to the court- house, lay out the facts under oath to a judicial officer and have the judicial officer deter- mine if probable cause existed. The answer seems to be that ‘we just don’t do it that way.’” The judge noted that the in- cident occurred on a Monday afternoon, when the court was conducting normal business. The Court of Appeals re- versed Partridge. It ruled in 2020 that the truck was pre- sumed to be mobile and police had probable cause to stop it, regardless of whether there was an “actual exigency” that did not allow time for police to ob- tain a warrant. But the Supreme Court de- in Salem. Sandy Mayor Stan Pulliam, Baker City Mayor Kerry McQuisten and Port- land political consultant Brid- get Barton are among Repub- licans already in the race. If she won the GOP pri- mary, Drazan could face House Speaker Tina Kotek, R-Portland, one of several Democrats running in their party’s primary for the state’s top job. Kotek and Drazan have tangled frequently on the floor of the House, in- cluding a bitter feud in Sep- tember over redistricting. Kotek says she will retain her House seat and her position as the chamber’s top officer through the November elec- tion. The winner of the two party primaries will likely find themselves with three major candidates on the No- vember ballot. Sen. Betsy Johnson, D-Scappoose, re- signed from the Senate last month to prepare for a bid for governor, running without any party affiliation. Republicans have not won the governor’s office since Gov. Vic Atiyeh was reelected in 1982. Booze news Supporters of sales of hard liquor in markets are moving forward with a single initia- tive they hope to qualify for the Nov. 8 ballot. With a few exceptions, hard alcohol sales are currently limited to state-li- censed liquor stores. Lauren G.D. Redman of Bend and Bill Caldwell of North Bend were the chief pe- titioners on all the proposals, which mainly differed on the range of hard liquor that could be sold. Supporters planned to survey which version had the best chance of winning public support. A change in state statutes re- quires 120,020 valid signatures submitted to the Secretary of State’s Office to get on the bal- lot. Two signature drives in prior elections have fallen short of qualifying. The final 2022 proposal, submitted as the Customer Choice & Convenience Act of 2022 #1, allows for a broad range of sales. Redman, CEO of Newport Avenue Market in Bend, said last fall that she believed voters were ready to back an initiative after seeing cided otherwise last month and dropped its own blanket excep- tion it created for motor vehi- cles from warrant searches. Duncan wrote: “We hold that, when the state seeks to justify a warrantless seizure or search of a vehicle based on ex- igent circumstances, the state must prove that exigent circum- stances actually existed at the time of the seizure or search.” Duncan wrote that the jus- tices were aware they were moving away from the court’s 1986 exception. But the court signaled it was doing so already in a 2015 decision. “The purpose of the excep- tion is to enable officers to re- spond to the risk that contra- band or evidence will be lost because a vehicle can be moved out of the jurisdiction in which a warrant must be sought,” she wrote. “But the scope of the exception exceeds its purpose. “Although it is an exigent cir- cumstances exception, it applies when there are no exigent cir- cumstances. That is, it applies when there is no actual risk that a vehicle will be moved and that contraband or evidence will be lost.” e pwong@pamplinmedia.com well-regulated market sales in other states. Levy back for second run Bend attorney Emerson Levy formally filed for another bid to win House District 53. Levy, a Democrat, lost the 2020 race to incumbent Rep. Jack Zika, R-Redmond. Redistricting created a dis- trict where Democrats make up more than 50% of voters. Population growth in Cen- tral Oregon led to more and smaller legislative districts. House District 53 was effec- tively sliced in half, with the southern portion, including Sunriver and La Pine, moving into House District 55. The remainder is centered around northern Bend and Redmond, is more favorable to Dem- ocrats. Zika announced he would not seek another term. Republican Ben Schim- moller, who lost to Zika in the 2018 GOP primary by a his- tory-setting two-vote margin, now lives in Redmond. He said in an email earlier this week that he did not plan to run for the seat in 2022. e gwarner@eomediagroup.com
