Practice Areas

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Land Use 

The firm’s land use practice involves the representation of clients in a wide variety of local, state, and federal matters in all phases of project development. Ball Janik has both an urban and rural practice which often includes: entitlements for downtown office buildings, residential planned unit developments, destination resorts, industrial parks, retail centers, college campuses, medical and research campuses, as well as energy facilities. Our attorneys regularly appear in local land use hearings, at Oregon’s Land Use Board of Appeals, and in the appellate courts.

Attorneys practicing in the land use area work closely with the firm’s other attorneys to address land use, environmental, and natural resource issues as they arise in real estate and corporate transactions, litigation, bankruptcy, and estate administration.

The following is a summary of some of the firm's significant land use and environmental projects:

  • Oregon Health & Sciences University (OHSU)/Marquam Hill and South Waterfront. We represent OHSU in the development and implementation of the OHSU Master Plan, the 113-acre Marquam Hill Plan District, and the South Waterfront Subdistrict of the Central City. This work includes development of a long-range expansion plan, approval and construction of an aerial tramway and legislative code amendment and plan work to accomplish OHSU’s objectives within the City of Portland. We also represent OHSU in its master planning for its 263-acre Hillsboro campus.

  • PG&E National Energy Group. We represented PG&E National Energy Group (formerly U.S. Generating Company) in siting the 468 megawatt Hermiston Generating Project outside of Hermiston, Oregon. We obtained a site certificate and related approvals for the facility from Oregon's Energy Facility Siting Council, and successfully defended the site certificate in an appeal to the Oregon Supreme Court. We subsequently represented PG&E National Energy Group in the siting of a second power plant, the Umatilla Generating Project, on an adjacent site.

  • PGE Port Westward Project. We represent Portland General Electric in the successful siting of a 650 megawatt natural gas fired power plant at Port Westward in Columbia County.

  • Williams & Dame Development (WDD). The firm represents WDD in all land use matters within the State of Oregon, including adoption of a new zoning code for the South Waterfront, and in the development of multiple condominium towers across Portland.

  • University of Portland. We represent the University of Portland in the development and implementation of its 10-year conditional use Master Plan, including acquisition of additional campus property, zoning code amendments to permit expansion onto newly acquired properties, the development of significant residential units within the campus, expansion of campus boundary and management of design issues and sign development.

  • Mt. Hood Meadows. Our firm represents the Mt. Hood Meadows Ski Area in connection with expansion of its facilities on lands within the Mount Hood National Forest. This work has involved the preparation and defense of multiple NEPA documents, the processing of an NPDES permit for an expanded wastewater treatment facility, and extensive administrative proceedings to obtain water rights required for the development.

  • Brewery Blocks. We represent Gerding-Edlen in the master design review and development issues associated with this innovative multi-use infill project utilizing historic structures within Portland’s downtown core.

  • Finley Buttes Landfill. Ball Janik LLP represented Finley Buttes Landfill, Inc. for the permitting of a major new regional solid waste landfill located in Morrow County in eastern Oregon. The firm handled all land use approvals and all permitting work with the Oregon Department of Environmental Quality.

  • Pacific Telecom Cable, Inc. Pacific Telecom Cable, Inc. was the developer of the first fiber optic cable across the Pacific Ocean, with land connections in Oregon and Alaska. Our work for Pacific Telecom Cable involved obtaining all federal, state (Oregon and Alaska), and local approvals, including state water quality certifications and review under the National Environmental Policy Act.

  • Forest Heights. We handled all aspects of land use approvals for this 2,000 unit residential planned development in Portland's West Hills, from initial approval through multiple phases of development.

  • Hoyt Street Yards. Ball Janik LLP represents the developer in this mixed use project on 40 acres of railyard in the North Downtown area of Portland, including development approvals and extensive negotiations with the City over the provision of infrastructure and public amenities. The Yards are planned to include more than 2,500 units of housing with support retail and services.

  • The Old Mill District. River Bend Limited Partnership owns a former lumber mill site of over 200 acres on the Deschutes River in Bend, Oregon, now known as the Old Mill District. Our representation of River Bend has included developing and obtaining approval of innovative new zoning provisions to allow the site to be redeveloped for a mixture of residential, commercial and industrial uses. After assisting River Bend in establishing the District, we also gained land use approvals for several mixed use condominium, retail, and office projects on behalf of the Trono Group, LLC (the “Mercato” project), Gerding Edlen Development (the Western Title/ODS building), and 500 Bond, LLC (the 500 Bond condo-hotel project). All three projects required conditional use permits to exceed the height limits in the underlying zones.

  • Jeld-Wen, Inc. Our firm represented Jeld-Wen, Inc. in the siting of a 5,000 acre destination resort on Upper Klamath Lake in southern Oregon.

  • Brooks Resources Corporation. We have represented this client on land use entitlement issues for residential, commercial and mixed-use developments in and around Bend, Oregon. Often, the issues relate to transportation infrastructure needs and density.

  • Westside Consortium, Bend, Oregon. We participated in the formation of a consortium of land owners, both public entities and private developers, to address the inadequacies of the westside transportation infrastructure in Bend. The project involved significant local financing issues, local improvement district formation and land use entitlements for significant parcels of undeveloped lands in Bend and on its western boundary.

  • Eagle Crest Resort. We obtained all of the necessary land use and environmental approvals for all phases of this destination resort and its expansions.

  • Brasada Ranch. On behalf of the developers of the Eagle Crest Resort, Ball Janik LLP drafted and obtained approval of a destination resort map, zoning ordinance, and comprehensive plan provisions to allow destination resorts to be developed in Crook County pursuant to Statewide Planning Goal 8. We then obtained all necessary land use approvals for Brasada Ranch, a 1,800-acre resort in western Crook County.

  • Sunriver. We handled the land use permitting for a major expansion known as Crosswater and we are working with Sunriver on an ongoing basis. Recently, we obtained all land use approvals for Caldera Springs, a new 390-acre destination resort to the west of Sunriver.

  • Pronghorn. Ball Janik LLP obtained all local land use approvals and federal right-of-way grants from the Bureau of Land Management (BLM) for a 640-acre destination resort in Deschutes County with two world-class golf courses designed by Jack Nicklaus and Tom Fazio.

  • Remington Ranch. Ball Janik LLP obtained all local land use approvals and federal right-of-way grants from BLM for a new destination resort in western Crook County. The resort will ultimately provide 1,200 dwelling units and three golf courses.

  • Hidden Canyon. On behalf of RMG Development, a company owned in part by Dennis Pahlisch of Pahlisch Homes, Ball Janik LLP obtained all local land use approvals and federal right-of-way grants from BLM for a 3,234-acre destination resort in Crook County. With 3,675 dwelling units authorized by the Development Plan, this is the largest resort approved in Oregon since the adoption of Statewide Planning Goal 8. The project involved significant negotiations with various state, federal, and local agencies on wildlife and transportation mitigation measures.

  • Tetherow. On behalf of Cascade Highlands LLC, Ball Janik obtained Conceptual and Final Master Plan approvals for the Cascade Highlands destination resort, now known as Tetherow. The project is the only destination resort approved by the City of Bend within the City’s Urban Area Reserve.

  • Ranch at the Canyons. Ball Janik has executed the land use entitlement, development, and real estate structure for Ranch at the Canyons, a 1,700-acre working ranch with over 600-acres of irrigated meadowlands, equestrian facilities, pioneer orchards, vineyards and residential homesites in Terrebonne, Oregon. In 2006, Mountain Living Magazine honored the Ranch as the "Best Green Development".
Professionals within this practice area:

 First NameLast NameTitle
View Richard H. Allan Partner
View Laura Craska Cooper Partner
View Renee M. France Associate
View Stephanie M.Hicks Associate
View Steven P.Hultberg Of Counsel
View Stephen T.Janik Partner
View Dana L. Krawczuk Partner
View Jack L. Orchard Partner
View Jennifer L.Pike Associate
View Thorkild G.Tingey Associate
View Kristin L. Udvari Of Counsel