Andy Tullis / The BulletinJohn Shepherd, center, performs a wedding rehearsal on his property at Shepherdsfield, near Sisters about a year ago. A state board last week rejected the permit that has allowed the site to be used for weddings and receptions.

The owners of a 216-acre property near Sisters were dealt another setback last week in their attempt to host weddings at the site.

The Oregon Land Use Board of Appeals rejected a permit that had allowed a 1.6-acre private park on the property to be used for weddings and receptions.

Deschutes County commissioners approved the private park concept in April. The county permit allowed John and Stephanie Shepherd to host up to 18 weddings from May to October.

“It doesn’t make any sense,” John Shepherd said Wednesday. “We are really shocked by the decision. We didn’t expect that at all.”

It’s unclear how the LUBA decision will affect any future weddings. John Shepherd said he plans to meet with the county to discuss steps moving forward. Shepherd declined to say how many more weddings have been scheduled through October.

The county’s decision was appealed to LUBA by Bend attorney Paul Dewey and Central Oregon LandWatch. Dewey said local approval of the private park would have set a precedent for wedding venues on land zoned for exclusive farm use.

“It would have opened a huge loophole for (agricultural) land and allowed a lot more nonfarm uses,” Dewey said.

Shepherd said he plans to appeal LUBA’s decision to the Oregon Court of Appeals in the next few days.

The Shepherds have tried for 3½ years to gain approval for commercial weddings on their property. The couple initially tried for a permit through the county’s agritourism and commercial event ordinance but were denied approval.

John Shepherd said they have spent thousands of dollars in legal fees and on land use applications. In addition to the private park permit, the Shepherds also submitted a new wildlife management plan to the county, a required condition because their property is within a winter deer range. The plan was approved with the permit.

The Shepherds faced nearly $2,200 in fines for hosting weddings that resulted in five code violations between 2013 and 2014. Deschutes County put the fines on hold as part of a stipulated agreement signed by the Shepherds, who agreed to not continue conducting weddings without approval.

John Shepherd said he doesn’t plan on giving up and hopes to pursue other routes for approval if the county decision isn’t upheld by the Court of Appeals.

LUBA issued its opinion on the private park permit Aug. 19. The state board disagreed with the county decision regarding whether the wedding ceremony could be considered an incidental use of the park.

County commissioners decided that the park fell within the definition and requirements for recreation because the ceremony was relatively short and the reception included recreational activities for several hours afterward.

LUBA ruled that the county “misconstrued” the law regarding private parks and said people attending the wedding were coming primarily for the ceremony and not for the recreational activities afterward.

“Stated simply, the county’s analysis represents the tail wagging the dog,” the LUBA opinion states.

“Clearly, it is the focal event that is the primary use, and any associated activities are, at best, incidental to the focal event,” the opinion states.

— Reporter: 541-617-7820,

tshorack@bendbulletin.com