City of Woodburn sues Marion County over COVID-19 isolation shelter at Super 8 Hotel

The City of Woodburn is suing Marion County over a COVID-19 isolation shelter at a local Super 8 Hotel and is accusing the county of violating the law and putting the community at risk of the coronavirus. 

The lawsuit was filed Thursday following a directive by the Woodburn City Council. 

Attorneys for the city are seeking a court order against Marion County to cease operations of the COVID-19 shelter at the Super 8 on 821 Evergreen Road near Interstate 5. 

City officials maintain the shelter is operating in violation of the Woodburn's Zoning & Development Ordinance and say the shelter poses a public safety risk to the neighborhoods surrounding the hotel, which also includes a high number of residents over 65.

The hotel is located directly across Woodburn Estates —  home to 1,510 senior-restricted residences, a nursing home, memory care units and a medical facility specializing in senior care. 

City officials first learned of Marion County’s plans to utilize the Super 8 Hotel as a COVID-19 Isolation Center on June 16 and did not participate in the planning for the use of the site.

"On information and belief, it appears the County must have been planning this project for weeks or months prior to ever contacting the City," city attorneys said in the lawsuit. 

Previous coverage:Marion County is renting a hotel for self-isolation in its hardest-hit community

Marion County officials said they would begin operating the shelter on July 1 and continue using it as a shelter for nine months. 

Woodburn attorneys said the county is illegally using the hotel because they do not have a city permit and are violating the Woodburn Development Ordinance. 

They also cited data from the Centers for Disease Control and Prevention stating that the coronavirus spreads "very easily and sustainably" between people and that those over the age of 60 and people with underlying health risks are at a higher risk of serious illness and death.  

"Relying on the CDC data, it is clear that the County's illegal use of the Subject Property not only violates the WDO but immediately exposes senior citizens who reside near the Subject Property to increased health risks," city attorneys said. 

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As a condition of the county moving into phase 2 of reopening on June 19, county health officials were required to find a facility for COVID-19 positive patients with mild symptoms who don't have anywhere to isolate.

The county set their sights on the hotel in Woodburn — one of the hotspots of coronavirus cases in the state. They planned to pay for people to isolate at the 81-room hotel for the recommended time period or about 14 days. 

County officials said these guests would include COVID-19 positive or presumptive cases struggling to self-isolate, including migrant and seasonal farmworkers, homeless individuals, people living in multigenerational households and those in congregate care settings. 

To date, 1,770 COVID-19 cases and 53 deaths have been reported in Marion County. With 342 cases, the 97071 area code in Woodburn has one of the highest incidence rates in the county. 

According to the lawsuit, the county planned to have 24-hour security from the Marion County County Sheriff's, a public health nurse on-site and would not allow those isolating to have visitors. Residents would be required to follow a "code of conduct," county officials said. 

City officials argue that the county has no legal authority to stop "guests" from leaving the facility, going to a restaurant and going to the grocery store, thus exposing more in the community. 

On June 24, Marion County Commissioners held a public meeting and unanimously approved a $2.1 million agreement to use the hotel. 

The funding came from money received by the county from the federal government under the CARES Act.

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The move to create the shelter drew concern from Woodburn residents and city councilors.

Some expressed concern over the senior-aged loved ones who lived near the hotel. Others decried the county for not working with the city and community during the process. 

“We were surprised and concerned to learn of the County’s proposed use of the Super 8 Hotel as a COVID-19 site," City Administrator Scott Derickson said after the lawsuit was filed Thursday. "Had the City and the community been afforded an opportunity to participate in the County’s planning and due diligence process I believe the current issue could have been avoided.

As it stands, the City believes that the use of the Super 8 Hotel as a COVID-19 Isolation Shelter violates existing law.”

Marion County spokeswoman Jolene Kelley said as of Friday, no COVID-19 guests had utilized the hotel as a shelter. 

She declined to comment further on the city's claims, citing the pending litigation. 

For questions, comments and news tips, email reporter Whitney Woodworth at wmwoodworth@statesmanjournal.com, call 503-910-6616 or follow on Twitter @wmwoodworth