Practice Area: Land use

Some of Michael’s work in this area

Gelardi Law is experienced with land use permitting, compliance 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.

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

University of Oregon

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

Eugene, Lane County, Oregon

Del Rio Vineyards v. Jackson County

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. 263 Or App 406; LUBA No. 2014-054; LUBA 2015-104

Location: Jackson County, OR

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

Friends of Yamhill County v. Yamhill County

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. 255 Or App 636 (2013)

Location: Yamhill 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

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.

Lane County, Oregon

Hawks View Winery

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

Washington 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.

Eugene, Oregon