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- Subscribe - Contact Us - Rate Card - Place an Ad Archives Revels Classifieds Real Estate Menu Guide Wedding Weather Subscribe Contact Us July 22, 2005 Oregon High Court shoots down Bemis City believes the embattled project has exhausted options By Robert Plain Ashland Daily Tidings The Oregon Supreme Court denied review on Thursday of the 81,212-square foot mixed-use downtown development proposed by Ed and Tanya Bemis. Assistant city attorney Mike Reeder said this decision marks the end of the Bemis saga. “This means it’s over,” he said. “They really don’t have any other grounds for appeal. They can’t appeal it to the Federal Supreme Court because there is no federal issue. It’s clearly a local issue at play.” The Bemis’s first proposed the project, which was slated to be just behind the Ashland Springs Hotel and stand five stories tall, in November of 2003 when it was approved by the Ashland Planning commission. In December of that year, the Ashland City Council overturned their ruling because they reasoned that it violated Ashland’s so-called big box ordinance. Greg Hathaway, legal counsel to the Bemis’ who contended that the city was retroactively applying a newer version of the big box ordinance to his clients, then appealed the decision to first the Oregon Land Use Board of Appeals then the state court of appeals. LUBA would not overturn the city’s decision in February of 2004 and the court of appeals would not take the case in February of this year. On Thursday the state supreme court issued a statement saying, “Upon consideration by the court, the court has considered the petition for review and orders that it be denied.” Neither Hathaway or the Bemis’ could be reached this morning for comment. There is still an active Measure 37 claim on the property. Doug Neuman, who owns the property filed claim with the city in June asking Ashland to pay him $2 million because its rules will not allow him realize the full economic value of the property. He was asked to resubmit his claim using the city’s filing protocol and did so on July 6. Mike Franell, Ashland’s city attorney, said Ashland has 180 days to respond to his claim. Staff writer Robert Plain can be reached at 482-3456 x 3040 or [email protected] DailyTidings.com Home Page Archives | Revels | Classifieds | Real Estate Guide | Weather | Subscribe | Contact Us Copyright 2005 Ashland Daily Tidings and Ottaway Newspapers All Rights Reserved Deep Muscle Stimulator Ceramic Piggy Banks FREE Entertainment Guide Women's & Men's Slippers Accelerate Weightloss Products Backpacks Online Pharmacy Vegas Travel Guide Search Engine Optimization Student Loans Hotel & Airline Reservations Hammocks Water Filter Helzberg Diamonds Online Casinos Community Bonus Casino Mortgage Calculator Security Systems Mailing Lists Click Here Advertisement .:Advertisements:. Site Search: RESOURCES - Mail Tribune News - ODOT Road Cams