Tuesday, May 17, 2011

Oregon Supreme Court Halts Further Oregon Pipeline Review, Orders Matyas To Reinstate Writ Of Mandamus, March 30, 2011 Hearing Cancelled

Un-Named But Reliable Source Believes Clatsop County Circuit Court Judge Denies Writ Of Mandamus Petitioned By Oregon LNG/Pipeline!!!(Details will follow as they become available)

Tuesday, March 29, 2011 SUPREME COURT HALTS COUNTY PIPELINE REVIEW; HEARING CANCELED The Oregon Supreme Court, in a ruling handed down Tuesday, issued a stay against Clatsop County from proceeding with its reconsideration of the Oregon Pipeline LLC land-use application. As a result, the public hearing scheduled before the Clatsop County Board of Commissioners for Wednesday, March 30 has been canceled. The board was scheduled to review and possibly approve findings of fact denying the consolidated application for the construction of 41 miles of natural gas pipeline. The court also ordered Clatsop County Circuit Court Judge Cindee Matyas to reinstate a writ of mandamus sought by Oregon Pipeline against the county and proceed with the mandamus case. The board of commissioners is reconsidering the approval originally granted to the Oregon Pipeline application by the county commissioners in November 2010. On March 9 the board gave tentative approval to preliminary findings that would deny the application. The board was due to review the final, modified findings at the March 30 hearing. On March 4 Oregon Pipeline filed a writ of mandamus petition with the local circuit court, arguing that the county has failed to take final action on its application within the timeframe mandated by Oregon land-use law. Matyas signed the writ and set a show-cause hearing for March 18, but on March 17 she vacated the writ. On March 21 Oregon Pipeline filed a writ of mandamus with the Supreme Court asking the court to order Matyas to reinstate the writ filed in Clatsop County court, and to stay all proceedings and decisions by the county on the application. Oregon Pipeline contends that once the writ of mandamus was filed in local circuit court, the county no longer had jurisdiction over the application. Released by: Tom Bennett Community Relations Coordinator (503) 325-1000


Anonymous said...

So, a local judge is ruled wrong by the Supreme Court. Is this a case of a local judicial elected official being guided to a decision by loiocal loudness, thus obviating the ideal of judicial independence? If so, we should seriously look at appointed judges.

Anonymous said...

Has anyone seen the actual opinion? I can't seem to locate it anywhere.

By the sound of the press releases, it seems as if this is yet another example of Matyas' incompetence rather than a decision on the actual merits of the LNG app.

With regard to the 7:18 comment, I would certainly agree that Matyas of all judges is governed more by popular opinion than actual legal knowledge, but am not convinced that appointing judges is the answer. As it stands, the elections are almost never contested in this county anyway. The same clowns would likely be appointed right back, just like the dethroned Henningsgard was put right back as Astoria counsel.

Anonymous said...

Recall Rohne, Huhtala, Birkby, Lee, Matayas, and Nelson

John said...

Okay, now the losers want ALL the recent County Commissioners and two-thirds of our Circuit Judges recalled?
These are the people like the "editor" of NCO who ran "Citizens for Elections Not Recalls?
Can you say blatant hypocrisy?