LEGAL UPDATE: 1000 Friends attorneys represent local ranchers in appeal to stop fragmentation of large block of agricultural land

Blair Batson | 2-minute read

On Wednesday, July 30, 1000 Friends of Oregon staff attorney Blair Batson appeared before the Oregon Court of Appeals to argue on behalf of Deschutes County ranchers William and Elizabeth Buchanan and their commercial beef operation, Keystone Cattle. 1000 Friends staff attorney John Butterfield was also on the Buchanans’ brief.

The Buchanans oppose the rezoning of a one-square-mile tract of rangeland for sprawling residential development next door to their expanding cattle operation. According to the Buchanans, the neighboring land is well suited for seasonal dryland grazing and should not be removed from the large block of agricultural land used for commercial farm and ranching operations west of Terrebonne.

This is the second time the matter has gone to the Oregon Court of Appeals. The first time, the court upheld LUBA’s reversal of the county’s approval of the rezoning application. In a precedential decision, the court relied on 1000 Friends’ argument that statewide planning Goal 3’s definition of agricultural land protects not only lands suitable for farming, but also lands whose protective zoning is necessary to permit farm practices to be undertaken on adjacent and nearby lands.

On remand, Deschutes County again approved the development permit, which was again appealed to LUBA. A local vintner led the appeal, joined by local ranchers, a group of county residents, Central Oregon LandWatch, and 1000 Friends. 1000 Friends is represented by staff attorneys Blair Batson and Eve Goldman.

The Land Conservation and Development Commission (LCDC) filed an amicus curiae brief with the court in support of the ranchers and vintners opposing the conversion of this tract of agricultural land for residential development. 

The property rights group Oregon Property Owners Association (OPOA) filed an amicus curiae brief in support of the residential developers, opposing the local farmers and ranchers who believe this land should be maintained for agricultural use. OPOA was formerly known as Oregonians in Action — best known for filing Ballot Measure 39 that sought to allow Oregon’s working lands to be developed for residential sprawl.