We work with various stakeholders within the community to support community driven, sustainable, smart growth to protect a vibrant, livable Portland. We understand growth is inevitable so we strive to provide stakeholders with tools to support a mindful approach to safety and environmental impact on our natural resources and habitats.
VICTORIOUS! Oregon court of appeals affirmed luba decision
We won yet again and this should be the final verdict in this application. The Oregon Court of Appeals supported the opinion of LUBA (Land Use Board of Appeals) who agreed with the Portland City Council in supporting South Burlingame Neighborhood Association vs Riverview Abbey's proposed Macadam Ridge development. We cannot thank you enough for your continued support along the way. It takes a united community to prevail. We appreciate everyone that have shared their talents, their perseverance and their financial support. The decision was made as a case affirmed without opinion: https://www.courts.oregon.gov/publications/Pages/default.aspx
WE WON AGAIN AT LUBA and NEED YOUR HELP
After the City Council decided against Riverview Abbey’s Macadam Ridge development, Riverview Abbey appealed the decision to the Oregon Land Use Board of Appeals (LUBA). In December 2018, our attorney and the city attorney appeared before LUBA to defend the City Council decision. In January 2019, we again learned we had won.
Now Riverview Abbey is appealing the LUBA decision to the Oregon State Court of Appeals. This will be their final chance to develop the land with this application. We continue to believe we will be victorious through to the end, but WE NEED YOUR HELP with this final push. Your gracious donations have allowed us to strategically use the funds with legal representation at each turn, and we have one final battle.
Please consider donating, as we are seeking another $5000 - $7000 (which would take the GoFundMe total to $16,000 - $18,000).
We recently raised $7000 from neighbors for the latest round at LUBA outside of our GoFundMe.
We raised around $10,000 last year in this fund and spent it on legal fees.
The monies raised now will cover attorney fees to represent us before the Oregon State Court of Appeals, alongside the city attorney. Having both the city attorney and our SBNA attorney at LUBA proved helpful in presenting a well-rounded argument, and we expect the same before the appeals court.
SBNA’s attorney, Carrie, shared that the the Oregon State Court of Appeals lacks expertise in land use decisions which is why having a Land Use Attorney to argue this case along side the city attorney is paramount. She states the "lack or precedent and expertise is likely to mean that the court is going to be particularly attuned to the optics/equities that may result. If Riverview wins this case, SBNA is entirely deprived of any remedy for the Hearings Officer’s decision. Whereas, if SBNA’s appeal survives, Riverview got its day in court and lost on the merits, which is a much more fair result. SBNA’s participation is critical to illustrating its commitment to this outcome.” Since LUBA cases are not precedence for the State Court of Appeals, this case will become a case of first impressions. Having the City and SBNA will make a better impression on the Court and will give our side a broader depth of knowledge.
Please contribute to this last effort to prevent the development we all oppose.
Riverview Abbey appeal brief below…
February 2019 Riverview Abb... by on Scribd
We won! city council decided to approve our appeal 5-0!
Thank you to each and every one of you for coming together to help. This was a huge undertaking and everyone played a role in our success. We hired a phenomenal attorney towards the end, to bolster our presentation to City Council, and you can see her in action in the videos below. We are fundraising to cover our costs for her; please consider even a small donation. You can donate at www.gofundme.com/macadamridge or
Mail a check to:
Southwest Neighborhoods Inc
SBNA Land Use Fund (make check payable to)
7688 SW Capitol Highway
Portland, OR 97219
watch the entire 2 1/2 hour proceeding below:
South Burlingame neighbors begin presenting at 43:29.
watch the city council decision below:
Stay tuned as we learn if Riverview Abbey will be appealing the decision to the Land Use Hearings Board or applying for a new application. We will stay united and diligent in our efforts to hold them to City Code, respect the value of the entire Environmental Conservation Overlay while respecting the safety of current and future neighbors in regard to Traffic and the Landslide hazard.