Wasco County Commission Tentatively Denies UP Application

Wasco County Commissioners voted Wednesday evening to tentatively reverse a county planning commission decision and deny Union Pacific’s application to create a new second mainline track and realign existing track in the Mosier area, pending development of findings of fact by county staff.  Commissioners were unanimous in the action, which came as the panel dealt with three different appeals including one by a group headed by Friends of the Columbia Gorge, another from the Yakama Nation, and a third by Union Pacific itself over conditions in the planning commission approval.  County Planning Director Angie Brewer had recommended in her staff report denial of the application if Commissioners felt it would adversely impact treaty rights, which under County ordinances requires denial.  All three Commissioners cited testimony from the Yakama Nation before taking the vote.  The decision came with Commissioners knowing it would be appealed regardless of their conclusion.  Union Pacific Vice President of Law Bob Bell claimed the Interstate Commerce Act pre-empts County land use law, but Friends of the Gorge attorney Gary Kahn countered that the County was bound to follow the requirements of the National Scenic Area Act.  The Commission will decide on findings and take a final vote on November 10.

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