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Lines drawn as trial over front yard opens By PETER WONG jury will decide how much a front yard is worth -- and whether the city of Medford should pay more to the owner of a century-old house because she lost most of her yard in the widening of North Phoenix Road. Both sides presented opening statements Thursday and started to roll out experts in the civil trial before substitute Judge Mitchell Karaman. The city had the right under Oregon law to condemn a 15-foot-wide strip in front of the house. It did so at the end of February 1998 and proceeded to widen North Phoenix Road from two to four travel lanes, plus a turn lane, between Cherry Lane and Barnett Road. At issue is how much the city should have paid Laurie Facciuto, the owner of the two-story house built in 1895 and once owned by orchardist Burdette Lynde Dodge. Chris Hearn of Ashland, Facciuto's lawyer, said the loss of most of her front yard reduced the overall value of her property. l"My client was a woman with a dream," he said of Facciuto's 16-year ownership. "She did all of this (renovation) to make her dream come true. This house was on a quiet country road. The city had a dream as well, but it was a different dream." City Attorney Ron Doyle acknowledged that the loss had an effect. But he said when Facciuto bought the house, she also knew that the legal right of way on what was then a Jackson County road was 18 feet from her front wall. The right of way now comes within 3 feet of her front porch. "The roadway is legally no closer, and will come no closer, than it could have been in February 1998," he said. "Her front yard has changed dramatically, but legally, it has hardly changed at all." The city offered her $23,000, but Facciuto wants $65,000, which Hearn said would help compensate her for the cost of moving her house 20 feet back from the newly widened road. "I feel for Ms. Facciuto -- these issues are always important -- but they are not issues for you to decide," Doyle said to the jury. If a property owner and a government agency cannot agree on a price for property that is needed for a public purpose, such as a road project, the agency can move to condemn the property under its power of eminent domain. A court then decides what the owner gets in "just compensation." George Kramer of Ashland, a historic preservation consultant who testified for Facciuto, said the road widening has hurt the rural setting of what was once the home of a prominent orchardist. "It would have a much better chance of being listed on the National Register of Historic Places if its relationship were re-established to the roadway," he said. But Doyle said the site has become part of the city since Facciuto bought it and now is subject to city development standards. Kramer said that justifies Facciuto's plea for more money for a planned setback. Outside the courtroom, Facciuto said, "If the city had offered to help pay to move my house, I would not be here today." Mail Tribune Copyright � The Mail Tribune 1999, Medford, Oregon USA