Appeals court sides with LUBA to reverse ban on marijuana operations near youth activity centers

“Simply put, as LUBA recognized, no one could tell by reading the Deschutes County Code what is likely to be deemed a ‘youth activity center,’” the state Court of Appeals wrote in the ruling.

Last summer, LUBA decided the factors Deschutes County used to reject the applications of two separate marijuana growing and processing facilities don’t fit with the state’s land use law.

It said the county must approve those applications that were denied for being within 1,000 feet of youth activity centers.

Adam Smith, an attorney for Deschutes County, wrote in an email he did not have a comment on the rulings for either application. He plans to schedule a conversation with the Deschutes County Commission about whether there is interest in appealing these rulings to the state Supreme Court.

“If the County does not appeal, then the County will be compelled to approved both pending land use permits,” Smith wrote in an email.

The ruling comes after the county voted to no longer allow any new marijuana growing and processing facilities in the rural part of the county.

Waveseer of Oregon, a company that seeks to build a 36,000-square-foot facility east of Bend to grow and process marijuana, was one of those applications. David Rosen, the CEO of Waveseer, had his application rejected because it was near facilities that host “youth oriented equestrian activities” and “4-H agricultural activities,” according to court documents.

Rosen said Friday he was “thrilled” by the Court of Appeals decision, and said he is confident that even if the county appeals to the state Supreme Court the outcome will remain the same.

“It seems we’ve reached an end, and we look forward to opening up in Deschutes County this year,” Rosen said.

Tommy Nehmzow, who wants to build an 1,800-square-foot indoor marijuana facility, has the other application the court evaluated. County commissioners denied his application because they believed it would be too close to Sundance Meadows Ranch.

The county deemed the ranch, which is a timeshare facility that includes a campground, horse stable and other features, a youth activity center.

Michael Hughes, the attorney representing Nehmzow, said he wasn’t surprised by the Court of Appeals ruling, and is now waiting for the county to either appeal to the state Supreme Court or put the issue to rest.

“Whatever happens, happens,” Hughes said. “I’m hoping Tommy can get to go on with his business.”

At this point, it is unclear whether the commission will want to appeal the rulings to the state Supreme Court.

Commissioner Patti Adair, who supported appealing the LUBA decision last year to the Court of Appeals and voted to deny both applications when they came to the commission, said she did not want to make a comment until she heard from the county’s legal department.

Commissioner Phil Chang said the county has been told multiple times that these applications were unfairly denied, and that it was time for the county to “cut its losses.”

He considers the ongoing court battle over the term “youth activity center” a waste of taxpayer dollars.

“We have been making decisions based on the ideological and cultural preferences of certain people,” Chang said Friday. “It’s time to make decisions based on the law and the best financial interest of the county.”

Commission Tony DeBone did not respond to a request for comment.