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- Subscribe - Contact Us - Rate Card - Place an Ad Archives Revels Classifieds Real Estate Guide Weather Subscribe Contact Us November 13, 2004 Bemises will challenge LUBA decision on project By Emily Morris Tidings Correspondent Despite winning before the Land Use Board of Appeals, the city has not heard the last word concerning the Bemis project. The case will be heard by the Oregon Court of Appeals, possibly before the end of the year, said Bemis attorney Greg Hathaway. The Bemises have until Nov. 17 to submit their brief to the appeals court, and the city has two weeks after that to counter, Hathaway said. Land-use decisions happen fairly quickly, and the hearing could take place in December or early next year, he said. The court has 91 days following the oral argument to deliver its verdict. Appealing the decision would be difficult, because the Oregon Supreme Court chooses which cases to review, and is not obligated by deadlines, Hathaway said. "The key part of our case is that the chief referee of the board of appeals filed a dissenting opinion, and that is very unusual for the board," Hathaway said. Through research, Hathaway had determined that of the past 3,500 cases heard by LUBA in the last 10 years, only 5 cases included a dissenting opinion. Hathaway said he does not know how many of those cases were successfully appealed. Ed and Tanya Bemis proposed to build an 81,212-square-foot, mixed-use building with commercial space, condominiums and 2 1/2 floors of parking behind the Ashland Springs Hotel. The project was filed in September of 2003, four days before the city council passed a "big box" ordinance limiting the size of buildings constructed downtown. The proposed building footprint is 19,560 square feet. The structure includes a 23,245-square-foot basement, with 57,967 square feet of floor space above ground on three levels, including 23,671 square feet for parking. The total proposed floor area is 81,212 square feet. Initially approved by the planning commission, it was challenged by a group of several citizens because it violated an older city ordinance, a 45,000-square-foot building footprint limitation. The city council voted against the project in a 3-2 decision, and it was appealed to LUBA. Bill Street said the court of appeals decision was an example of control being held by locals. 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 Slippers Women's & Men's Slippers Ceramic Piggy Banks heloc libor rate Calenders 2005 Calender 2005 Accelerate Weightloss Products Memory Foam Mattress afsa studentloans home equity loans teleconferencing W2 Forms fasa student loans Matchmaking & Dating Scripts African Safari Conference Calls - $50/Month Security Systems student loan consolidation wholesale diamonds Currancy Exchange web conferencing Online Casinos Community Click Here Site Search: .:Advertisements:. RESOURCES - Mail Tribune News - ODOT Road Cams