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Oregon Road Conditions & Cams Email Story to a Friend December 2, 2005 Ashland sues county over Measure 37 By DAMIAN MANN Mail Tribune The city of Ashland has filed a lawsuit against Jackson County that if successful, could potentially overturn all local Measure 37 claims approved so far. Filed in Jackson County Circuit Court, the suit calls into question the validity of any approved claims after a Marion County Circuit Court declared Measure 37 unconstitutional in October. Ashland is specifically challenging a proposal to build a welcome center, grocery store and restaurant on an 18.40-acre property on South Valley View Road, just off the west side of Interstate 5. While the legal challenge specifies only this particular property, it could set a precedent for the 84 other approved claims in the county. Advertisement "The lawsuit from Ashland could conceivably affect all the Measure 37 claimants," said county Commissioner C.W. Smith, who has staunchly defended property owners whose Measure 37 claims have been approved. Although he believes the county’s position is correct, Smith said, "If we’re right, we’re right, and if we’re wrong, we’ll adjust accordingly." The county sent letters last week to the affected property owners warning them of the legal problems that lie ahead. The Oregon Supreme Court is expected to listen to oral arguments about the constitutionality of the measure, approved by 61 percent of voters in November 2004. The letters say the county believes the claims are valid. But it cautions, "Your waiver may be struck down by a court order some time in the future. We just wanted you to be aware of that before you invest time and money in developing the property." Smith, referring to Ashland’s suit filed Oct. 28, said, "They have a peculiar view of how they govern and that’s their right." Ashland City Attorney Mike Franell said his City Council decided to file the legal action to make sure the proposed welcome center complex doesn’t start before the Supreme Court makes its ruling, expected sometime in the spring. He said the city doesn’t like the restaurant and other shops in the development and has mixed feelings about the proposed welcome center. "We want to make sure the entrance into Ashland is developed appropriately," said Franell. The property isn’t within the city’s urban growth boundary, but Franell said it is in an area that has been declared of mutual interest with the county. He said the city, in its legal action, "asks for the court to rule that the county didn’t have the authority to allow this particular project to move forward." While acknowledging a court ruling against the county could set a precedent for all Measure 37 claims locally, Franell said this shouldn’t be construed as an attempt by Ashland to push its will on the rest of the county. "It is not our intent to be at odds with everyone else in the county," he said. He said the city also didn’t want to wait until the state Supreme Court ruling because it would have hurt the developers financially if they had started the project. "We don’t want them to be out a lot of money," he said. "Our beef is not with the property owners." Charles Kenney, one of the developers of the proposed welcome center, said, "I’m befuddled. I don’t understand the city of Ashland." Based on his Measure 37 waiver, Kenney said he has applied for a zone change on the property that would change it from forest reserve into interchange commercial. Although he hasn’t put that much money into the project to date, Kenney was critical of Ashland’s legal action on his property. "They want to control it, but they don’t want to annex it," he said, referring to Ashland’s decision not to expand its urban growth boundaries. County Counsel Mike Jewett said it’s too early to predict how much impact the Ashland court action could have if upheld. The county has maintained the Marion County Circuit Court ruling didn’t specify what should happen to claims that already have been approved. Although the county believes it’s on solid legal ground, the letter sent by county commissioners warns property owners, "If the local court agrees with Ashland, your waiver could be in jeopardy." Reach reporter Damian Mann at 776-4476, or e-mail Ashland sues county over Measure 37 ">[email protected] . Mail Tribune Home | Local News | Sports | Business | Obituaries | Life | Opinion AP News | Archives | Site Map | Community | Classified Copyright © 1997-2005 Mail Tribune, Inc. All rights reserved. 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