Editors Note: The Hillsboro Herald has been covering the story of North Plain’s growth for months now. It has implications for all of us in Oregon and for the rights of a community to have any say in its future. The Mayor and Council of North Plains forced unwanted and unrequired growth upon its people and claimed their support. Once made, their decision to more than double the size of North Plains was quickly rebuked by a referendum to allow the people to vote on the growth. At the state level, Hillsboro Senator Janeen Sollman sponsored a bill to ensure North Plains could grow based on the Council’s decisions and that no citizen or town could ever vote on growth issues again. It passed. That Bill is under appeal. Friends of North Plains Smart Growth and other plaintiffs filed for a temporary restraining order on March 20, just after Gov. Tina Kotek signed the bill. That order allowed the opponents to keep the voter-initiated referendum on the ballot. The vote was held, and a landslide victory was won: 71 to 29 percent against the growth. Subsequent issues were brought up as a part of this challenge, but today, Washington County Judge Andrew Erwin decided with the people to allow the people’s vote against the growth to stand. This is a big story. A lot more has to happen, but this is a significant win.
I wonder how North Plains (and Hillsboro’s Attorney) Christopher Crean feels today. He fought so hard to help his client (the City) stop those pesky North Plains folks from having their votes counted. So much so that he decided to call Judge Erwin’s procedural ruling in this case back in April “bullshit.” I can only imagine what he must have said today. It’s not really what the people of North Plains or Hillsboro should have come from their attorney’s mouth in a court proceeding- especially in one like this, where he was also saying it to the 71% of the citizens who voted on this matter.
Here is a press release by the Friends of North Plains Smart Growth
North Plains UGB referendum stands for now; anti-voting bill 4026 is struck down by
Washington County Circuit Court judge
Hillsboro, Oregon: Today, Judge Andrew Erwin released an opinion upholding the voters of
North Plains’ decision to reject a proposed Urban Growth Boundary (UGB) expansion that
would have more than doubled the city’s size. While stopping short of affirming the right of
referendum across Oregon, Judge Erwin granted the plaintiffs, led by the community
organization Friends of Smart Growth, a win by striking down HB 4026 on constitutional
grounds. While another organization or voter in North Plains could challenge the referendum
again, as it stands, the referendum is valid.
In September 2023, the small City of North Plains (population 3,396) voted to pass the largest
UGB expansion by percentage in Oregon history. If passed, the ordinance would have more
than doubled the city’s size by adding 855.5 acres. Advocates from inside the city and farmers in
the immediate area protested this expansion as excessive, lacking in affordable housing, and
extremely expensive to service – a magnitude-of-scale study commissioned by advocates found
that transportation and water infrastructure improvements alone would cost over $200 million.
“Most importantly, we felt that the plan had been designed by and for developers and
landowners who wanted to make tens of millions of dollars – not the community who would have
to live with the decision,” said Aaron Nichols, President of Friends of North Plains Smart Growth.
As one example, Mr. Nichols pointed out that the September vote was the city’s second attempt
after it was found that they improperly noticed the first vote in June.“The city voted before the community had had a meaningful chance to weigh in,” said Nichols,
“so we felt we had no choice but to exercise our constitutional right to a referendum.”
That vote in May 2024 resulted in a landslide rejection of the UGB expansion in a 71 to 29 percent vote.
First created in 1902, the right to the referendum (as well as the right to call an initiative or recall
an elected official) has long been a hallmark of Oregon’s participatory democracy. A referendum
allows a certain percentage of registered voters in a jurisdiction to put a legislative action by a
body of government up for a vote of the people.
Yet this right was called into question during the 2024 legislative session when the legislature,
with strong lobbying from Oregon Property Owners Association and the League of Oregon
Cities, passed a bill that prevented the use of referenda for expansions of UGBs. This bill was
made retroactive to invalidate the referendum to overturn North Plains’ massive expansion that
had already qualified for the ballot.
“It is far from democratic to bring a bill that curtails our constitutional rights during a short
legislative session with almost no vetting and with a retroactivity clause that invalidates the first
successful referendum on this matter,” said Nichols. “This bill is especially egregious in light of
Legislative Council’s opinion that the bill either does nothing, or if it does anything it’s
unconstitutional because you can only limit a constitutional right by a constitutional
amendment.”
While lawmakers like Senator Jenean Solman, whose voting explanation was quoted
extensively at trial, made an unconventional argument that the bill did nothing to change land
use laws or remove the right to referendum, Judge Erwin’s opinion found that “[a]ll HB 4026
does is clarify the confusion.” According to the plaintiff’s request for relief, which was granted on all
charges, the law is unconstitutional as it violates the separation of judicial and legislative
powers.
Lawyer Jesse Buss of Willamette Law Group, who represented the plaintiffs, said “Today’s
decision from Judge Erwin is a huge win for voters statewide; it preserves local voting and direct
democracy rights instead of transferring those powers to state government. It’s also a huge win
for anyone who relies on Oregon’s farm economy–and that’s all of us–because local voter
control over UGB expansions makes it harder to convert precious farmland into data centers.”
“We hope that cities take notice and realize that massive expansions that affect residents’ lived
experience of a city, like the proposed overriding of the UGB expansion process to bring in land
for semiconductor production under 2023’s Senate Bill 4, are decisions that need to be made
with proper notice and real engagement,” said Nichols. “Though such referenda are a last
resort, we hope local governments will choose to engage their residents on the front end to
avoid this check on governmental power.”
While the City of North Plains, like any city with a population under 10,000, is not legally
required to create an expansion plan, it is embarking on a “re-look” of the expansion. Citizens
groups are excited about the city’s new approach but cautiously watching to make sure that the
composition is more representative of the city and its surroundings, and that the re-look includes
a broader discussion of residents’ vision for a future that they need, want, and can afford.
At the same time, some decision-makers, such as the North Plains’ lawyer, publicly advocate for
repassing the same UGB expansion and denying the right to a referendum outright.
Others, such as the city council president, propose outlandish arguments, arguing that the 44%
of the people who did not vote in the election (which saw a turn out approximately twice that of
the county at large) could be seen as “tacitly supporting” the referendum. This, too, seems
headed for the ballot box.
A group of four candidates, endorsed by Friends of North Plains
Smart Growth are running to replace the mayor, council president, and the two councilors up for
reelection on a platform of smart growth and listening to the voters.
Outside of North Plains, some well financed interests, such as the home builders association
and the realtors association have expressed concern that allowing referenda on decisions like
UGB expansions could have repercussions for affordable housing. However, advocates point
out that housing production strategies, zoning ordinances, etc. are administrative, not
legislative, and so not subject to referenda.
“Allowing referenda to be on the table, as they have
been for similar decisions for 122 years, should encourage all cities to fully engage with their
residents and work in a transparent manner to build cities their residents actually want,” stated
Nichols.
This ruling does not mean cities can not expand and it does not mean that planning is unduly
burdened in the state. The first goal of planning is citizen participation, Goal 1, but it does not
“have teeth” in that there are few firm requirements for how a city needs to engage its residents
during planning. Advocates argue that public engagement is still the best way to see growth that
benefits residents in and near a city, and encourage the legislature to set minimum standards for
public engagement as a necessary part of any UGB expansion to prevent future referenda.
Contact Information for Information or Photographs
Friends of North Plains Smart Growth
Aaron Nichols, Committee Member
503-477-2433
friendsnorthplainssmartgrowth@gmail.com
www.FriendsOfNorthPlains.org
Release Date: Friday, September 9th, 2024
At what point do you plan on telling people who read this blog, or as you would consider a newspaper, that you personally donated $200 to the Friends of North Plains Smart Growth campaign this past May?
Anyone who takes a basic journalism class would know to identify such a conflict of interest. How can anyone consider this honest journalism?
First off, you have not earned the right to comment here because your using a fake email and probably not your real name. But I will respond. Secondly, I am free to do as I please just as you are. This article is an opinion piece as duly noted in the label. I have supported in an entire series of articles, the people of a North Plains who have been lied to, oppressed, manipulated, and put upon by their City Leaders. I am all for freedom of expression and the civil process. The City Leaders have been weighed, and measured, and they have been found wanting. Have you researched all of them and who donated to their campaigns? That might be eye opening to you. This article you are mentioning stated facts, and opinions which I hold. I support transparency and free speech and write the only paper that allows comments, even from those who don’t fully disclose who they are. I did donate to the FNPSG organization, just as I have donated to the people of the Ukraine, and others who legitimately need help to overcome forces that are attacking them from the outside and against their will. That is what is happening in North Plains and it is undeniable. Land owners stand to make hundreds of millions. The PMAR brought in almost $100,000 dollars from Portland to manipulate a yes vote. A slick Portland Consultant was brought in as well to win the Yes vote. So let’s have disclosure. Who are you, what is your career and interests, and let’s have your full disclosure. Either way I’ll write what I want and support who I want. Oppression and corruption are things I will always fight against and I’ll support those who do the same.
At what point do you plan on telling people your real name, Michael Solo? If not the North Plains mayor in disguise, you’re probably one of her minions.
Look who’s demanding objectivity! It’s the same sand-slurping bottom feeder who looks at an article in the local fish wrap that quotes only North Plains’ interim city manager, its consulting firm and its website and says “Yep, that’s callin’ it right down the middle.”
Listen, I’m glad you’ve enrolled in COM 101 and figured your way around public records. But a pundit donating to the very cause his editorials advocate for isn’t a conflict of interest. When expressing an editorial point of view, making an investment to the contrary would be the conflict of interest.
Meanwhile, while you were digging around, did you happen to notice that Duyuck Farms and the Ponzis gave to Friends of North Plains Smart Growth as well? It’s almost as if people who see the merits of maintaining rural, agrarian businesses and destinations in Washington County and people who moved here for proximity to them might not want a whole lot of industry dropped in their backyard because their small-town mayor wants to feel like a big-town somebody.
You’re terrible at enforcing the standards of journalism, worse at anonymous trolling and absolutely wretched at convincing anyone you have an argument of real value. Why don’t you go back to one of the local subreddits where the civic employees will tell you how awful it is that nobody just lets them do a half-assed job anymore.
North Plains IS NOT A CITY. It is a town, with onLY 3,336 residents. Despite the cute new sign the mayor put up with taxpayers money that depicts buildings that don’t exist in a pitiful attempt to perpetuate the city myth. North Plains IS A SMALL TOWN. A City is defined as having a population of 50,000 or more.
It was a town when I grew up there in the 60s with the population around 500. I think the whole area made a mistake by allowing the Pumpkin Ridge Golf Course to go in. I was against it because Pumpkin Ridge Road is where I grew up. Allowing that golf course to go in changed everything and we won’t be able to go back. Where once there were homes without foundations and dirt poor farmers, there are multi million dollar homes.
I also see that one of the plaintiffs who won, Katie Reding, is running for North Plains City Council in November. 🎉 She is also the Chief Petitioner of Measure 34-327 (Should North Plains expand its UGB) and wants to uphold the No vote of the citizens, as the current city council is still trying to force growth that the residents don’t want. She and her slate are all No voters, while the other four candidates are all Yes voters who are already in office. https://www.SaveNorthPlains.com is Katie Reding’s and her slate’s website
“Outside of North Plains, some well financed interests, such as the home builders association
and the realtors association have expressed concern that allowing referenda on decisions like
UGB expansions could have repercussions for affordable housing. However, advocates point
out that housing production strategies, zoning ordinances, etc. are administrative, not
legislative, and so not subject to referenda.”
And this is where the North Plains decision will likely dictate terms to points south. The Grand Bargain UGB expansion in Hillsboro back in 2014 got it South Hillsboro homes and the industrial land to the north, but the proliferation of data centers on those northern parcels, the limited availability of other land within that space and the newfound ability to contest UGB expansion for industrial/commercial purposes will have serious impact on those last CHIPS Act funds this year.
The clock is ticking, as SB4 puts a hard stop on the governor’s unilateral UGB authority (which she hasn’t exercised amid the North Plains decision and other issues). It appears that any moves to make will have to be made within the confines of already-acquired and zoned lands.
The ill fortunes of Intel coupled with the reticence of other companies to make a move until the political and economic picture sorts itself means Hillsboro’s coveted expansion parcels may be either A. Unavailable or B. Back in the discussion as residential properties, which was many of the Northern landowners’ initial intent when entering their alliance. It’ll be interesting to see what the next few weeks bring us.
After their tremendous landslide victory in May and with momentum it gave them I advocated that the Friends of North Plains should immediately start a recall campaign of the City Council and Mayor. Then again in August I called for this not realizing there was an upcoming Election due and that there was a “slate” of candidates ready to run and send the current bunch of councilors packing, especially the Mayor from Ohio.
This is GREAT news! Congrats to Judge Erwin for having the integrity to uphold the Citizens rights. I really look forward to the day when City Attorney Crean is Fired in North Plains. NOW if only the citizens of Hillsboro would wake up!
Agree, Agree, Agree!! Well stated–and so many more above (well except “Michael” :-)
YES! This does have implications for every Oregon Resident. And really passing HB 4026 was the last straw in my opinion of how far our leaders–at every level: City, County and State have fallen in failing to listen to their Citizens!!! This is the best news of the year–so happy for North Plains. And So Happy North Plains has 4 excellent Candidate choices– that are running on such an unusual platform today of: “listening to their voters”!!
Thank-you Dirk for continuing to report on this and give updates. Excellent summary of what has happened so far also–and key players. I have followed this closely–did some research on my own (only to find out you did too–and posted the day before :-), and find all of this very accurate!