THE CONFEDERATED TRIBES OF THE WARM SPRINGS RESERVATION OF OREGON v. DESCHUTES COUNTY

Nos. A183421 (Control), A183430, A183431, A183432, A183436, A183461, A183462.

332 Or.App. 361 (2024)

THE CONFEDERATED TRIBES OF THE WARM SPRINGS RESERVATION OF OREGON, Central Oregon Landwatch, Annunziata Gould, and Thomas Bishop, Petitioners Cross-Respondents, v. DESCHUTES COUNTY, Respondent, and CENTRAL LAND AND CATTLE COMPANY, LLC; Pinnacle Utilities, LLC; and Kameron Delashmutt, Respondents Cross-Petitioners. Annunziata GOULD, The Confederated Tribes of the Warm Springs Reservation of Oregon, Paul J. Lipscomb, Thomas Bishop, and Central Oregon Landwatch, Petitioners Cross-Respondents, v. DESCHUTES COUNTY, Respondent, and CENTRAL LAND AND CATTLE COMPANY, LLC; Pinnacle Utilities, LLC; and Kameron Delashmutt, Respondents Cross-Petitioners. CENTRAL OREGON LAND WATCH, The Confederated Tribes of the Warm Springs Reservation of Oregon, Annunziata Gould, and Thomas Bishop, Petitioners Cross-Respondents, v. DESCHUTES COUNTY, Respondent, and CENTRAL LAND AND CATTLE COMPANY, LLC; Pinnacle Utilities, LLC; and Kameron Delashmutt, Respondents Cross-Petitioners.

Court of Appeals of Oregon.

May 1, 2024.


Attorney(s) appearing for the Case

Josh Newton argued the cause for petitioner-cross-respondent The Confederated Tribes of the Warm Springs Reservation of Oregon. Also on the briefs were Ellen Grover and Best Best & Krieger LLP.

Carol Macbeth argued the cause and filed the brief for petitioner-cross-respondent Central Oregon Landwatch.

Jennifer M. Bragar argued the cause for petitioner-cross-respondents Annunziata Gould, Thomas Bishop, and Paul J. Lipscomb. Also on the opening briefs were Jay M. Harris and Tomasi Bragar Dubay . Also on the joint cross-answering brief were Jay M. Harris , Tomasi Bragar Dubay , and Carol Macbeth .

Ken Katzaroff argued the cause for respondent-cross-petitioners Central Land and Cattle Company, LLC, Pinnacle Utilities, LLC, and Kameron DeLashmutt. Also on the brief were Keenan Ordon-Bakalian , Megan Breen , and Schwabe, Williamson & Wyatt, P.C.

No appearance for respondent Deschutes County.

Jeffrey B. Litwak filed the brief amicus curiae for Columbia River Gorge Commission.

Marcus M. Shirzad, Garrett Brown, and David J. Cummings filed the brief amicus curiae for The Confederated Tribes and Bands of the Yakama Nation, The Confederated Tribes of the Umatilla Indian Reservation, and the Nez Perce Tribe.

Before Tookey, Presiding Judge, Egan, Judge, and DeVore, Senior Judge.


TOOKEY, P. J.

Reversed and remanded to LUBA on petition of The Confederated Tribes of the Warm Springs Reservation of Oregon, for consideration of Tribe's first assignment of error to LUBA; affirmed on cross-petition; otherwise affirmed.

This is a judicial review of an order of the Land Use Board of Appeals, dated January...

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