Court of Appeals issues new, yet moot, remand decision

The state court ruled that rezone attempts made more than two years ago violated the city’s comprehensive plan law requiring protection of existing parks, according to Hood River resident Susan Crowley, who filed the first appeal of the city rezoning Morrison Park in 2018.

In its new ruling, the court found the city’s reasons justifying rezone of Morrison Park for development were “not plausible,” according to Crowley.

The dispute over whether Morrison Park could be rezoned for development has been ongoing since 2016. The rezone was reversed in 2018 by the Court of Appeals because its justification was based on implausible reasoning. The city rezoned the park for development a second time in March 2019, following a public hearing. The city reasoned this time that replacing a portion of a park with housing could protect the park and meet recreational needs. Crowley appealed a second time. The Court of Appeals has once again reversed the rezone decision and found the city’s reasoning implausible.

“This court decision is good news,” said Crowley, “but equally good news is that the city has already moved on to choose a different site, which is not a park, for housing. That’s a win for everybody,” she said, referring to the city’s 2020 purchase of land off Rand Road that will be designated for affordable housing.

“The city should be commended for its willingness to change course and do the right thing by Morrison Park. It’s just unfortunate that two appellate court reminders and a ballot measure were necessary,” Crowley said.

Fuller said, “The City Charter requires a vote of the people to utilize property designated as a park for anything other than a recreational purpose. These ongoing legal arguments have no practical impact on the affordable housing project, which has been abandoned by the city.”

The original affordable housing project was supposed to be in collaboration with the Mid-Columbia Housing Authority, Fuller noted. As the city has no plans to dispose of city park property, and the city has no plans to dispose of Morrison Park, nor any other park property, she said “the Court of Appeals decision has no practical impact on this project. I anticipate that the city council, with the assistance of legal counsel, will review the decision and determine any next steps. The city has 35 days (until Jan. 13) to decide whether to seek Supreme Court review of this decision."

In December, the Oregon Court of Appeals overturned a decision by the Oregon Land Use Board of Appeals (LUBA) that upheld the City of Hood River’s approval of a quasi-judicial zone change of a portion of a City park from Open Space/Public Facility to High Density Residential.

Mayor Kate McBride said, “My sincere hope for 2021 is that we can come together to tackle the big challenges facing our community including affordable housing, community health, social justice, economic recovery and land for parks, trails and open space and let go of the divisive issues that are unhelpful in moving forward as the unified and caring community we truly are.”

Crowley noted that in the wake of the city’s second park rezone effort, more than a thousand city voters signed an initiative petition to place Measure 14-67, which affirmed the city’s obligation to protect existing parks, on the November 2019 ballot. More than 70 percent of voters approved the measure.

The non-profit group Protect Our Parks Hood River issued a statement today applauding Crowley’s work on behalf of the city’s parks. “With this court decision, Morrison Park will continue to give pleasure to the many people who enjoy its urban forest and disc golf course,” said Board Member Tracey Tomashpol. “We congratulate the city for moving on to develop needed housing at a more suitable alternative site. We also urge the city to acquire more parks and open space as our city grows.”