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http:// --> Ashland, Oregon HOME Valley & State Sports Nation & World Opinion/Editorial Classifieds Business Columnists Local Issues Obituaries Weather Archive Revels Etcetera Backpage Hot Topics Most Viewed Forum Photo Galleries Video Readers Polls O-Zone Online Games Movie Preview Special Sections Real Estate Guide Menu Guide Shakespeare Subscribe Contact Us Rate Card Place an Ad Top Galleries: February 9, 2007 Lawsuit threat escalates By Alan Panebaker Ashland Daily Tidings The City of Ashland has two weeks before it may face a lawsuit over its role in the Mt. Ashland Ski Area expansion. The Mt. Ashland Association sent a letter to city officials Thursday giving them a Feb. 22 deadline to respond to allegations that the city is not living up to the lease agreement it holds with the association. "We hope we don't have to sue the city, but we've gotten no response," Mt. Ashland Association President Bill Little said. The expansion, which has been in the works since 1996, received a positive ruling in September when U.S. District Court Judge Owen Panner ruled in favor of the Forest Service in a lawsuit claiming it did not properly assess the negative environmental effects the expansion would have on the city's water supply and watershed habitat. The association plans to go ahead with a planned expansion this spring, but it claims it cannot because the city is holding up its plans. In October, the city asked the U.S. Forest Service to deal directly with it instead of the association on expansion-related issues. In a Jan. 30 letter, the Mt. Ashland Association asked the city to give it control over the expansion process. The association said it has heard no feedback, it said. If there is no response by Feb. 22, Little said litigation may be the only option. "We prefer to move forward with the expansion rather than collect damages from the city," Little said. "But make no mistake, those damages could run into the hundreds of thousands of dollars." In the Jan. 30 letter, the Mt. Ashland Association said it plans to do some expansion work in sensitive areas while there is still snow on the ground. They plan to begin April 1. Growing rift The City of Ashland and the Mt. Ashland Association have worked together since 1992, when a regional fundraiser raised enough money to save the mountain — which was failing financially. The City of Ashland then became the lease holder for the ski area's special use permit. The lease put operations of the ski area in the hands of the association but left the city to restore the mountain if the ski area failed. When the ski area started its plan for an expansion in 1996, the city endorsed it, Little said. A lawsuit filed in 2004 against the Forest Service complicated the relationship, and now one of the lawsuit's plaintiffs, Eric Navickas, is a city councilor. In 2005, the city passed a resolution giving itself the chance to estimate the cost of removal and restoration of the ski area, requiring a business plan of the expansion and appointing a Quality Assurance/Quality Control team to oversee the expansion. In 2006, the council shot down a proposal that would have required the association to halt construction until district and appellate courts made final rulings in the 2004 lawsuit. Panner, the federal judge overseeing the suit, has not released a written opinion yet in the case. Ashland Mayor John Morrison said he did not hear about Thursdays press conference. He said he does not think the city is holding up the expansion. "From what I understand, the letter basically says that the city has been delaying them, and if we don't cease doing that, they'll be taking legal action," Morrison said. He said the city will respond to the association once councilors have time to discuss the issue. Councilors will probably discuss the issue Feb. 15, Morrison said. "Right now, my position is, I understand that they're impatient," Morrison said. "This has been going on for a long time, but I want this to work out as amicably as it can." He said if there are delays, the city isn't responsible. Morrison said the association is perfectly free to submit an erosion control plan and operation plan to the Forest Service for the 71 acres of ski runs it plans to log. The association has also not released a detailed business plan for the ski area expansion. However, Little said about 50 donors are ready to help fund the expansion. He would not release the donors' names. Some city councilors said they had not yet heard of the association's latest action Thursday. Councilman David Chapman said the association always seems to threaten the council with its proposals, and he said it seems counterproductive. Chapman said he was also unsure how the city will react to the association's last step. "It's always difficult not to react to them in anger, but we'll try to be rational," he said. Staff writer Alan Panebaker can be reached at 482-3456 x 227 or [email protected] . Current Comments: Glad to hear certain CC members will try to be rational. It must be difficult after years of threats from every side which only adds to the delay and costs. I support the expansion plan and believe enough mitigation has been sought to eliminate a threat to the watershed. I'm also hearing through the grapevine major donors are ready to help see the expansion move forward and/or assist in potential litigation. All I can say is thanks and for the City to not get caught in another expensive battle. Local Boy - Ashland - February 9th, 1:52 PM The MAA doesn't seem to understand that most people in Ashland don't want a bigger ski area, and that trying to intimidate public officials or cause the tax-payers to run up a bunch of legal bills isn't likely to change that. Peter - Ashland - February 9th, 4:32 PM MAA is like a bratty child. The lease between the City and MAA allows the City access to inspect aspects of the ski area operation that have an impact on the City's liability, especially as concerned with having to restore a failed ski area. The City asked for a business plan showing the expansion to be economically viable, MAA agreed to provide it but hasn't or can't. The City is simply protecting its liability by asking the USFS to deal directly with the City until MAA can prove viability. Scott Harding - Klamath-Siskiyou - February 9th, 4:41 PM Peter...Everyone I know wants a bigger ski area, especially the beginner runs, and we all live in Ashland. Who are you speaking for because it's not us! m - Ashland, OR - February 9th, 6:35 PM m, everyone I know DOESN'T want the expansion and I too live in Ashland, I guess you are assuming you and your associates are the only people living here? get real - Ashlland, Ore - February 9th, 7:04 PM Hey maybe these 50 donors that are funding the multi million dollar ski expansion can also come up with some funds for the libraries. Or is temporary fun in the snow far outweigh the importance of full time library facilities for our children? Is anyone besides me seeing the irony here? Scotty - Ashland, Ore - February 9th, 7:14 PM Why is the city even involved in a ski area several miles outside of town when they can't manage a fiber network or keep the libraries open? Richard Cranium - Ashland OR - February 9th, 7:32 PM This expansion has very little to do with beginner runs and alot to do with power stoking for the MAA. m, I am speaking for the other half of us that doesn't want to see our watershed damagaed for the sake of temporary winter thrillseeking. Jen - Ashland, Ore - February 9th, 7:41 PM Actually most Ashlanders that HAVE A JOB- support the expansion. Return the colonial control to MAA as requested and the liability question evaporates protecting Ashland taxpayers anyway. A few of us WORKERS could bond the additional $500k to remove the lodge which seems like the last Navikas trick to stall in case the winters cease to exist- as if a library or park would have to have enuf$ in the bank to remove improvements in case of failure? wanna b a trustfunder2 - Testoserone-Free Zone - February 9th, 7:45 PM I would like to donate to the MAA fund. I did when we bought it, so count me in now. The ski slopes help support our economy. The library just cost us money. Everyone that I know is in favor of the ski expansion. I guess I don�t spend enough time in the park to meet the opposition. Lori Munson - Ashland, OR - February 9th, 8:44 PM Jen, the only power stoking going on here is the City Council trying to exert influence outside city limits. MAA is correct in taking this to a legal forum to be decided, and eliminate the emotions and politics from this issue. m - ashland, or - February 9th, 9:25 PM Yep, Jen's got the whole Greenoid drill down pat: "Thrillseeking" indeed! maybe she's talking about the look of joy on a 4 year old's face when he/she learns to ski with Mom, Dad, Grampa and Grandma. That's a thrill, all right. I guess she thinks it's all so unhealthy, compared to aging boomers careening into trees and tearing up trails on their multi-buck mega-bikes, or bearded potheads crapping in the underbrush. nofreelunch - ashland, OR - February 9th, 10:42 PM At last the silent majority is fighting back against the very vocal and misguided few who somehow believe that the enhancement of recreational opportunities for the community will somehow create the Apocalypse. Go for it MAA!!! Dave - Ashland, OR - February 10th, 12:34 AM MAA, the recreation crowd in this forum seem to think they and your organization are the only ones that have a say in what happens to the mountain that rests at the top of the watershed and has been bailed out by taxpyers before. Well,Ashlanders need more than,its all about us thinking, its actually about ALL of us,skiers and non, we need to see the business plan and viability of it all, See ya in court just the facts please - Ashland, Ore - February 10th, 9:13 AM Re: who skis, I know that none of the 22 people who live on my block ski, but I'm sure there are blocks where the percentage is higher, especially out by the college. Peter - Ashland, Oregon - February 10th, 9:48 AM Nicely put Dave. It's about time this silent majority speaks up. They might want to start speaking loudly. I mean it's possible these "vocal and misguided few" could create a serious downward spiral of economies and communities that Ashland and Oregon can't pull out of. Even with federal tax intervention. God forbid if they ever get into positions of power or influence. Oops, sorry. Too late. FormerAshlandTimberman - McCall, ID - February 10th, 10:39 AM I am amazed that, a) there were CC members who were unaware of this recent action as of this article (where are they hiding?) and b) there seems to be this big debate over who has the majority re: the expansion. Too bad nobody put a yes/no vote on all of the elections that have taken place over last 10 years this has been in planning. Let them do it, and if the watershed is destroyed and it never snows again then all of the naysayers will be able to say "I told you so"! They love that:) todd e. - ashland, or - February 10th, 7:33 PM I'm going to donate $$ to MAA not just because I'm in support of the expansion for more recreational opportunities, but because I'm sick of the vocal minority dictating what "the majority" wants. JustSayNoEricnCate - Ashland - February 10th, 8:14 PM It is about time, go forward. The city of Ashland has done enough damage and cost Mt Ashland enough money for all the delays. The opposition has spread enough lies costing them nothing ,while Mt Ashland has spent hundreds of thousands of dollars in studies approving of the ski area. The city cannot support it's libraries and does not need to lose a lawsuit they cannot win.Eric Navikas cannot even vote on this issue since he a party to lawsuit against Mt Ashland, conflict of interest!!!!! Cindy - Ashland - February 10th, 8:17 PM This back and forth doesn't address the actual expansion plan. Phase 1, according to MAA's Clark, will cut new trails, built one new lift (C6) and install a warming hut. Without lift served access from the base of Windsor to the "skiway" road (Phase 2 - when?), beginners & novices have to ride Windsor, then Ariel, then Upper Dream to access the expansion. That's zero net terrain benefit above the current facilities for the youngsters. City Council is prudent, MAA ballistic. Jay Lininger - Ashland - February 11th, 6:26 AM Why is it that every one on this page who is pro-expansion revels in idiotic, vitriolic rhetoric? I know there are reasonable people who want the expansion, and Jen is a reasonable person who doesn't. the real problem as I see it is that MAA somehow beacme a NON-VOTING 501c3, and to get on the board you have to be approved by the board. As a retail systems management specialist, I can tell you that 'system' will always lead to a head that is out of touch with the body! MAA is out of touch. Steve - Ashland Oregon - February 11th, 8:02 AM If the city's fears are in a poorly placed ski area subject to snow drought perhaps observing the Shasta Snow Park's dismal season would help as Mt Ashland has had far deeper snow and record crowds this season in spite of 'global warming'. The fear in the 70's was of a soon to be returning 'ice age' & even then there were years that skiing did not begin on Mt A until January as well as those with over 200 inches on the slopes in March. The CC is over the top in wishing to micro-manage skiing. Colestine mafia - Hilt, Ca. - February 11th, 8:17 AM Way back in the 1970s it wasn't global warming that was going to kill us all � it was a new global ice age. At least that was the consensus of the best science of the day, as touted by Time magazine. And what did the world do to respond to this crisis? Why, according to Time magazine, they assembled an 'Inter-galactic Intergovermental Panel on Climate Change'. 38 ships and 13 aircraft assembled for a massive 100 day study of weather & seas, the Globsl Atmospheric Research Program, or GARP. Colestine mafia - Hilt, Ca. - February 11th, 8:37 AM One of the more disappointing aspects of the latest global warming hysteria is that so many of the mainline media's reporters and editors seem either intellectually incapable or too lazy to think through the hysteria and hot air packaged by the global warming fund-raising industry and shipped to their desks, and thus never question the credibility of a government supported movement that does a 180 on its previous fundamental assumptions and research while in full public view. Colestine mafia - Hilt, Ca. - February 11th, 8:42 AM Also, doesn't it arouse your suspicion when the proponents of one particular side of the science demand that their critics be silenced? That's precisely what some in the global warming 'priesthood' are now calling for: They want the American Meteorological Society to decertify any meteorologist who openly question the science behind global warming. Nice, huh? I thought the job of scientists was to pursue the truth in whatever direction it led them. Change is the only constant it would seem. Colestine mafia - Hilt, Ca. - February 11th, 8:48 AM Colestine has it right. In science, the debate is NEVER over. Theories must be tested against observation, not force-fed through media and political suppression of dissent. A lot of facts do not support the theory of man-made global warming, and certainly do not support predictions of dire consequences of a warmer planet, if in fact that comes to pass. The left has found religion, which neatly fits their totalitarian, neo-puritan, self-aggrandizing, collectivist psychopathology. nofreelunch - ashland, OR - February 11th, 10:09 AM MOST if not all, people that i know do not want the expansion. and we all have jobs. still, this expansion is a threat to our already threatened watershed. with global warming, created by humans burning fossil fuels and cutting 70% of the world's forests, the threat continues to increase. the mail tribune has it right: http://www.mailtribune.com/archive/2007/0211/local/stories/globalwarming.htm time to take of the short-term goggles...what about your grandkids? chad - ashland - February 11th, 2:50 PM Let's expand AND utilize the mountain in the summer months with downhill biking like they do in many other areas like Whistler, CAN or in Telluride. JustSayNoEricNCate - Ashland - February 11th, 5:40 PM Speaking as a totalitarian, neo-puritan, self-aggrandizing, collectivist psychopath I agree with nofreelunch that scientists can be wrong, but on the other hand the evidence for global warming seems kind of overwhelming at this point in time. Peter - Ashland, Oregon - February 12th, 4:56 AM When you read the on-line comments to Tidings articles you would imagine that most people in Ashland want a bigger ski area, think global warming is a hoax, and aren't willing to pay taxes to have a library, though in fact 70% of Ashland voters voted for the last library bond. Maybe somebody can explain to me why the on-line letters are so unrepresentative of the Ashland population in general, I don't get it. Peter Silverman - Ashland, Oregon - February 12th, 5:08 AM I am an avid skier and Mt. Ashland passholder. I am opposed to the expansion. MAA needs to reexamine its priorities. They need to maintain what they have bedfore expanding. The antique chairlift, Arial chair, should be replaced. It is over twenty years old and to continue its operation is dangerous. I like the small, home town atmosphere of Mt. Ashland ski area as it is. If you want a resort experience, head up to Mt. Bachelor. Kay - Ashland Oregon - February 12th, 8:22 AM Peter, the earth is probably getting warmer. By how much, from how long, from what cause(s), and with what results is open to debate � at least, it SHOULD be open to debate, but of course, Al Gore has pronounced "the debate is over" and his co-religionists are busy marginalizing, and in Kulongoski's case firing, anyone who doesn't toe the party line. Has all the earmarks of a Big Lie campaign, doesn't it? nofreelunch - ashland, OR - February 12th, 9:25 AM Yes, without expansion, 4 year-olds will never smile or learn to ski, the ski area will never be able to profit and it is all the fault of the jobless people who would rather do no harm, that is citizens and their city council, who would rather play it safe with a municipal watershed than entrust logging and roadbuilding to a previously failed non-profit now run by individuals operating in secret and threatening to sue the city. What are citizens thinking? Just trust us. Derek - Ashland - February 13th, 5:23 PM Spent the last few minutes reading the many comments above...and wondering if anybody realizes this issue isn't about public opinion at this point. It's just great if you feel passionate (one way or the other). However Mt. A's expansion isn't up for a vote--and unless you want to donate some $$ to either side, your opinion really isn't relevant. Just an observation. Miller - Talent - February 14th, 10:38 AM Leave a Comment: Advertisement: Advertisement: Paid Advertising: Debt Help Inkjet Printers Payday Loans Free Ringtones Debt Consolidation Security Systems Debt Relief Advertisement: Copyright © 2007 Ashland Daily Tidings and Ottaway Newspapers. All Rights Reserved. Del.icio.us