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June 26, 2004 - Subscribe - Contact Us - Rate Card - Place an Ad Valley&State Backpage O&E Sports Archives Classifieds Faith&Beliefs Obituaries Revels April 8, 2004 Council continues wrangling over DeBoer house What happens if the debate over the proposed DeBoer home ends in a 3-3 tie vote of the Ashland City Council? Normally, the mayor would cast the tie-breaking vote. But in this case, Mayor Alan DeBoer is the brother of, Sid DeBoer who is attempting to have the home built on his property to replace an existing home. So he has had to recuse himself from the entire proceeding, including a potential tie-breaking vote. So if the vote ends in a 3-3 tie, that would end the proceeding and the house would not be approved for construction. And that would possibly set into motion another in this year's long line of LUBA (Land Use Board of Appeals) appeals originating in Ashland. That is the ruling of Ashland's legal staff. Assistant City Attorney Mike Franell is handling the city council meetings on the issue this week in place of retiring City Attorney Paul Nolte. "That ruling is based on this being a de nova hearing, a brand new hearing," Franell said. "The applicants have the burden of persuasion." The use of the term "appeal" for this public forum is a little confusing. "It is an appeal," Franell said. "But the way our appeals are set up is that we create a new hearing. The next step past the city council is to appeal the decision to LUBA." Normally, the mayor casts the deciding vote. Because that is not possible in this case, it has made for some intense reading among city legal staff. "Our ordinances are not the most clear in that regard," Frenell said. "So that ruling is another potential area of appeal." Tonight's continuation hearing to give opponents of the DeBoer house project time to speak begins at 6 p.m. Only opponents who signed up Tuesday will be allowed to speak. Proponents completed their testimony Tuesday evening. DailyTidings.com Home Page Valley&State | Backpage | O&E | Sports | Archives | Weather | Classifieds Columnists | Faith&Beliefs | Obituaries | Revels | Subscribe | Contact Us Copyright 2004 Ashland Daily Tidings and Ottaway Newspapers All Rights Reserved Click Here Site Search: .:Advertisements:. RESOURCES - Mail Tribune News - ODOT Road Cams