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