Oregon ruling bars development near chief’s grave

Thu., Dec. 30, 2004

John Miller Associated Press

BOISE – The Oregon Court of Appeals on Wednesday upheld a decision by the state land board to stop a subdivision proposed for land next to the gravesite of Chief Joseph’s father.

The court affirmed the decision of the Oregon Land Use Board of Appeals, which in September overturned a vote by the Wallowa County Commission to approve the 62-acre development.

The property in isolated northeast Oregon is next to land where Old Chief Joseph is buried, about 50 miles from the Idaho border. His descendants in the Nez Perce tribe, based in Lapwai, Idaho, were among groups fighting the development.

In its decision, the appeals court upheld the board’s ruling, which concluded the County Commission had approved the development without making sure the project would meet laws requiring that Native American archaeological sites on the property not be disturbed by construction.

The board also found that county commissioners talked about the case outside of the hearing process, which was illegal.

Nez Perce leaders said the court’s decision helps them protect the burial grounds of one of their most important historical leaders.

“Building a subdivision next to the gravesite of Old Chief Joseph is simply inappropriate,” said Anthony D. Johnson, the chairman of the Nez Perce Tribal Executive Committee. “It’s disrespectful to the memory of a well-respected Nez Perce leader.”

In 1855, Old Joseph signed a treaty with the U.S. government that guaranteed the Nez Perce much of their traditional lands.

Just eight years later, however, another treaty was signed slashing the size of that territory. It was disputed by Old Joseph, according to the tribe.

By 1877, his son, Chief Joseph, was forced to abandon northeast Oregon, fleeing with a band of followers 1,500 miles across present-day Idaho and Montana and fighting bloody battles with the U.S. Cavalry before surrendering just south of the Canadian border.

The Nez Perce tribe fought the development along with members of the Colville Indian tribes and the city of Joseph, Ore. Oregon’s senators, Ron Wyden and Gordon Smith, also supported the effort to stop the building.

Attempts to reach Rahn Hostetter, the attorney for property owner K&B Family Limited Partnership in Joseph, were unsuccessful Wednesday evening.

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