What Next for Riverbend?

Now that the Court of Appeals has rejected Riverbend Landfill's appeal in the never-ending effort to expand the dump, what happens next?

The timing is controlled by ORS 215.435, which establishes a basic 120-day window for the County to act on a land use application (eg, to expand the dump) when, as here, the case has been remanded to the County by the Land Use Board of Appeal.  If, however, Riverbend appeals the latest Court of Appeals (COA) decision to the state Supreme Court, the 120 days will start to run from the date of final resolution of the judicial review.

The COA will not formally enter judgment before 35 days after the date the Court issued its decision (September 11) in order to give appellants time to appeal.  In Riverbend's case, the 35 days expires October 16th.  Even if Riverbend doesn’t appeal, the judgment could be entered as late as November 20.

But--even once there is an appellate judgment, the 120-day period for County action still does not begin until the applicant requests in writing that the County proceed with the application.  The applicant--Riverbend--has 180 days in which to file this request.  Only if no request is submitted within the 180 days may the County consider the application terminated.

The ball is therefore in Riverbend's court (so to speak).  Only Riverbend can move the application forward; the County cannot begin the process on its own. The landfill could appeal to the Supreme Court, request County action on its existing application, withdraw that application and perhaps file a new one, or let the 180 days expire and perhaps submit a new application.

Assuming Riverbend does not appeal and the COA enters its judgment on October 16, the 180-day period would end April 13, 2020.  The 2020 primary for County Commissioner--a position currently held by someone skeptical about the dump's continued viability--falls in May.  Depending upon the outcome of that primary, we may see a "new and improved" application to expand Riverbend filed the following January, when a new Commissioner might be taking office.