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CLOUDY Temp: 61 °F Wind: WNW at 5 mph Monday, September 29, 2003 SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics AP News Weather Classified Archives Site Map EXTRA HomeLife Magazine Joy Magazine Tempo A & E RogueValleyAutoFinder RogueValleyHomeFinder Real Estate Showcase Wellness Connection Newspaper in Education Prime Times Outdoor Journal Personals Movie Times TV Times E The People CLASSIFIEDS Find a Car Find a Home Find a Job Find Everything E SOUTHERN OREGON Automotive Communities Entertainment Publications Recreation Calendar ABOUT US FAQ What's New Advertise Home Delivery Classified Ad Employment Contact Us Media Kit Email Story to a Friend September 10, 2003 Petro sues state over access to truck stop By TONY BOOM Mail Tribune PHOENIX — Petro Stopping Center has filed suit in Marion County, claiming it is due compensation for the state eliminating its access from Fern Valley Road to Pear Tree Lane near Interstate 5. A pre-trial hearing is scheduled for Oct. 23. Oregon Department of Transportation actions that shut off the entrance to the lane violate 43-year-old deed restrictions, according to the truck stop’s court complaint. Much of the center’s traffic used to arrive by that route. Now customers must drive through truck areas. Petro Stopping Centers LP filed an amended complaint against the state of Oregon as represented by ODOT on May 28 after the agency cut off access from Fern Valley on May 13. Petro had filed an initial suit in December after ODOT announced plans to cut off the road. Advertisement ODOT’s action was an effort to ease traffic problems at the I-5 and Fern Valley Road interchange. Petro’s center includes truck fueling bays and a lube facility, a Texaco gas station, a convenience store and the Iron Skillet restaurant. A motel and RV park, and a manufactured home outlet also are on Pear Tree Lane. Petro manager Warren Anderson said that the closure had affected business. He referred questions to Petro’s corporate headquarters for additional comment. "It’s just been horrible," said a receptionist at the Pear Tree Motel and RV Park who declined to identify herself. People get confused on how to reach the site, she said. Palm Harbor Homes hasn’t seen a decrease in customers, a representative speaking anonymously reported. A large sign adjacent to the freeway may help, the staff member said. Customers come down the newly built South Phoenix Road to reach the business. Deed restrictions filed in 1960 when S.E. and Mabel Thorp Cox sold property for construction of I-5 required the state to build a frontage road on the east side of the freeway to provide access to adjacent land the Coxes owned. Pear Tree Lane was constructed to meet the requirement. Heirs and future owners were granted access to the road, which was to be connected to a major highway or other public road. But the deed also states the state shall select where the frontage road joins other thoroughfares. Portland attorney John Neupert, who represents Petro, declined to comment on the case Tuesday. "I don’t know whether the company will want me to comment on these matters, or whether they will want to comment or not comment at all," said Neupert. Petro representatives did not return phone calls seeking comment. In a written response to Petro’s court complaint, Albert Depenbrock, attorney for the state, asserted that Petro’s claim to continually maintain Pear Tree Lane or a traffic routing to any public road violates the Oregon Constitution. Depenbrock’s response also claims that Petro has failed to join all parties necessary for a just adjudication and that benefits of the project far exceed any loss or damage to Petro. Depenbrock was out of the office and unavailable for comment Tuesday. Department of Justice spokesman Kevin Neely said the state stands by its arguments. Talks held on re-routing traffic A solution may be in the works to reroute trucks away from part of South Phoenix Road, which saw a dramatic jump in traffic when access to Fern Valley Road from Pear Tree Lane was cut off in May. Residents adjacent to the road have protested the increased noise from trucks leaving Petro Stopping Mart ever since the change was made in May. Officials from Petro Stopping Centers corporate headquarters in El Paso, Texas, met with Oregon Department of Transportation officials and city of Phoenix representatives Wednesday. Phoenix Mayor Larry Parducci arranged the meeting. "Both parties laid their cards on the table," said Parducci. "Petro told us about their concerns." A new connection to South Phoenix Road is possible. Furry Road was constructed by the city west from South Phoenix Road to the southeast corner of Petro’s truck lot. But so far Petro has declined to hook up to the new road. Petro earlier had asked compensation for the loss of parking space if Furry continued through the lot to Pear Tree Lane, but the city was unable to meet the request. A Petro representative said the company would consider the connection if comparable property were available for any parking loss, Parducci reported. A piece of property is east of the lot, but its status is unknown, said Parducci. Businesses that suffered losses with the access cutoff may also see relief under another proposal. Pear Tree Lane might be connected to Fern Valley Road by running the lane behind the Texaco station and convenience store, Parducci said. Traffic must presently drive through the truck service area or go to South Phoenix Road to reach Pear Tree Lane. "It was a good first-start meeting," said Parducci. "I don’t know where it’s going to go from here." Parducci expects another meeting will take place within 30 days. Reach Ashland bureau reporter Tony Boom at 482-4651, or e-mail [email protected] Printer Friendly Version Email Story to a Friend Subscribe Archive: Click to Search Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright © 1997-2003 Mail Tribune. All rights reserved. Privacy Policy | Terms & Conditions Website Feedback A D V E R T I S E R S SPECIAL SECTIONS Rogue Valley Auto Finder Rogue Valley Job Finder --> Rogue Valley Home Finder Joy Magazine Homelife Magazine Tempo Real Estate Showcase Food for Thought Hike of the Week Wellness Connection Outdoor Journal Moving to Southern Oregon? Volunteer Openings Prime Times