Jonathan Bach

Statesman Journal

Salem City Hall has decided to tap a duo of Portland lawyers to defend a city council decision that set the stage for a third traffic bridge connecting the city's east and west sides.

This comes after a group of petitioners has filed an intent to appeal the December 2016 decision with the state Land Use Board of Appeals. The city is also in the midst of a separate lawsuit with local activist Greg Wasson, who claims the city wouldn't certify a petition that would put the land-use decision to local voters.

City Hall is choosing to go with outside counsel for two reasons: the expansion of urban-growth boundaries is a "complex subject" and the outside counselors have expertise in the field; and the tight deadlines associated with LUBA appeals, so "devoting sufficient time to this appeal could result in our office having insufficient resources to attend to our other duties,” City Attorney Dan Atchison said.

The lawyers, William Kabeiseman and Carrie Richter, work with Portland-based Bateman Seidel Miner Blomgren Chellis & Gram, P.C. Their hourly rates, discounted by 20 percent for the city of Salem, are $328 and $316 respectively, Atchison said.

He said he has known the pair for years and lauded their deftness with land-use work, noting they “have decades of experience doing UGB expansions.”

“There’s a lot of folks who dabble in it,” he said. “Bill and Carrie are probably two of the best at it.”

For example, Kabeiseman is representing the city of Oregon City as it deals with an urban renewal commission lawsuit, court records show.

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Wasson has criticized the city’s move to bring on Portland attorneys. “Instead of using the taxpayer’s money to squelch the taxpayer’s constitutional rights, the council would be better advised to adopt a little humility and accept the fact that it got it wrong this time,” he said.

The total for outside counsel could run more than $10,000, according to a city spokesman.

“The council made a decision,” said Peter Fernandez, Salem’s public works director. “We’re charged with defending that decision.”

The city recently came to an agreement with the state Department of Land Conservation and Development regarding the land-use actions. The state agency had been poised to go through with a separate appeal against the December decision but has since backed off, with the city and the state agency signing a memorandum of understanding that requires both parties to fulfill a list of obligations.

The city is obligated to build the bridge in phases and consult frequently with the state — the first phase has to be one, two-way span within a 10-year period instead of two one-way spans. In return, the state agency won't pursue its appeal of the December decision. Salem city councilors have to approve a final agreement between the city and the state agency.

Send questions, comments or news tips to jbach @statesmanjournal.com or 503-399-6714. Follow him on Twitter @JonathanMBach.