Practice Area: Land Use

Some of Michael’s work in this area

Gelardi Law is experienced with land use policy, permitting and appeals. Mike has worked extensively with local governments across Oregon. He understands local process and custom, as well as the complex relationships between state and local land use law.

Electric transmission development

Represent Springfield Utility Board in siting of electrical infrastructure to facilitate development of Glenwood area. Secured reversal of Oregon Land Use Board of Appeals interpretation of local wetland regulations by the Oregon Court of Appeals. Successfully defended city permitting decisions related to planning, zoning, tree felling and geotechnical analysis. Royal Blue Organics v. City of Springfield, 310 Or App 518 (2021); LUBA Nos 2019-092/094/095/134.

Location: City of Springfield, Oregon

University of Oregon

Assist University with real estate projects. Represented University in successful land use proceedings related to remodel of historic Hayward Field and north campus master planning.

Location: Eugene, Lane County, Oregon

Firesteed Cellars

Assisted Vintage Wine Estates in development of Firesteed wine facilities in Dundee, Oregon. Secured land use permits and water supply for winery, tasting room and bed & breakfast facilities.

Location: Yamhill County, Oregon

Land use writ of mandamus

Obtained circuit court writs to compel issuance of development permits and prevent protracted land use appeals. Negotiated settlement agreements to improve local government process. State ex rel. London Spring Farms, LLC v. Lane County, 22CV26960 (2022); State ex rel. Pliska Golf, Inc. v. Lane County, 22CV33161 (2022).

Location: Lane County, Oregon

Corollary Wines

Represent wine business in development of estate vineyard and wine tasting room. Managed successful land acquisition in Eola-Amity Hills AVA (2022). 

Location: Yamhill County, Oregon

Oregon wine industry policy development

Have counseled Oregon wine industry trade associations on a range of issues including commodity governance, wine labeling, land use, pesticide use and water supply. Have assisted with development of state legislation and administrative regulations.

Location: Oregon

Farmland dwelling policy

Secured reversal of Land Use Board of Appeals interpretation of state law governing replacement dwellings on farmland; argued case before Oregon Supreme Court and assisted with successful legislative effort to clarify statute. LandWatch Lane County v. Lane County, 364 Or 724 (2019).

Location: Lane County, Oregon

College student housing development

Secured land use entitlements and property rights for mixed-use development near University of Oregon on behalf of national student housing developer. Prevailed in multiple local land use appeals and reached agreements with neighboring property owners to facilitate development.

Location: Eugene, Oregon

Nonconforming land use rights

Assisted with development of successful 2021 Oregon state legislation to protect property rights for landowners affected by coronavirus public health orders and wildfires. Helped secure 2020 amendment to Lane County, Oregon’s nonconforming use regulations in response to COVID restrictions.

Location: Oregon

Oregon Country Fair

Represent legendary arts and cultural organization in management of Fair property. Assisted with acquisition of vineyard and winery assets, and amendment to Lane County zoning code to preserve nonconforming land use rights affected by coronavirus public health orders.

Location: Lane County, Oregon

Wind energy development

Served as local development counsel for one of the world’s largest wind energy projects, located in eastern Oregon. Assisted with siting, electric transmission and interconnection, environmental and other regulatory matters.

Location: Gilliam and Morrow Counties, Oregon

Natural resource conflict management

Successfully resolved a land use conflict between neighboring agricultural and industrial operations in southern Oregon. Prevailed before the Oregon Court of Appeals and Oregon Land Use Board of Appeals twice. Del Rio Vineyards v. Jackson County, 263 Or App 406; LUBA No. 2014-054; LUBA 2015-104.

Location: Jackson County, Oregon

Hawks View Winery

Assisted Willamette Valley winery with ownership transition and land use permitting for facility expansion.

Location: Washington County, Oregon

Winery land use appeal

Represented a winery in defending a conditional use permitting process for winery facilities and activities on farmland. Prevailed before the Oregon Court of Appeals, Land Use Board of Appeals, Land Conservation and Development Commission, and Yamhill County Board of Commissioners. Friends of Yamhill County v. Yamhill County, 255 Or App 636 (2013).

Location: Yamhill County, Oregon