Clatsop County Court Judge Phil Nelson Denies Oregon LNG/Pipeline Writ Of Mandamus Petition

Read Full Ciruit Court Opinion(Provided By Columbia Riverkeepers)

Citing that his court, "Has no authority to force a "Land Use Approval", Clatsop County Circuit Court Judge Phillip Nelson denied Oregon LNG/Pipeline's Petition of Mandamus in his ruling released yesterday, May 17, 2011. Oregon LNG/Pipeline's Peter Hansen offered no comment, citing "Ongoing Litigation". Oregon LNG/Pipeline has 30 days to appeal the decision to the appropriate authorities..Click on Thread Title Above For OPB's, Rob Manning Report
Read OPB-Ecotrope's, Cassandra Profita's Report On This Ruling

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

Circuit Court Judge, Cindee Matyas Vacates Oregon LNG/Pipeline Writ Of Mandamus Motion, Cancels Friday Hearing!!

FOR IMMEDIATE RELEASE:
Thursday, March 17, 2011

JUDGE VACATES OREGON PIPELINE MOTION

A Clatsop County Circuit Court judge on Thursday vacated a writ of mandamus motion filed by Oregon Pipeline LLC against Clatsop County.

The action by Judge Cindee Matyas effectively puts an end to the company’s motion, which sought immediate approval for its consolidated land-use application for the construction of 41 miles of natural gas pipeline. A hearing scheduled for Friday morning in front of Matyas on the motion has been cancelled.

At the March 9 hearing the Clatsop County Board of Commissioners gave preliminary approval to a new set of findings that would result in the application’s denial. The board is currently scheduled to review the draft findings and possibly approve them at a special meeting March 30.
The board of commissioners originally voted in November to approve the application. The ruling was appealed to the Oregon Land Use Board of Appeals by project opponents, and in January the board, with three new members, elected to withdraw the November decision in order to reconsider the application.

On March 4 Oregon Pipeline filed a request for a writ of mandamus with the court seeking immediate approval of its application. The motion argues that the county has missed the legal deadline for taking final action on the application. If local jurisdictions fail to act on an application within the required timeframe, applicants can seek to have a circuit court order the application to be approved.

Matyas signed the writ and set a hearing for March 18 to hear from attorneys for the county and the applicant. On Thursday, she rescinded her signature and cancelled the hearing.

Oregon Pipeline also claims that, once Matyas signed the writ on March 4, the application came under the official jurisdiction of the court, and that the county had no authority to hold its hearing March 9. No representative from the company attended that hearing.

At this point, Clatsop County is proceeding with the review process, including the March 30 meeting, until it receives direction to do otherwise from its legal counsel, according to County Manager Duane Cole.

Released by:
Tom Bennett
Community Relations Coordinator
(503) 325-1000