Document text
Jacksonville church wants judge to decide if city's denial was legal By MELISSA MARTIN JACKSONVILLE -- First Presbyterian Church is asking Jackson County Judge Phil Arnold to determine whether the City Council followed city ordinances when it denied the church's application for a new building. The church's lawyers last week filed a writ of review and writ of mandamus asking the courts to decide whether City Council members acted lawfully when they approved the church's building permit on Jan. 10 and then reversed the decision on March 2. "We will wait until the judge makes his ruling," said church attorney John Hassen of Medford, explaining he would discuss the case further at that time. The ruling is expected by May 22. Jacksonville City Administrator Paul Wyntergreen said the city's attorney will review the documents and respond to them. The mandamus attempts to force a governing body to take action, sometimes toward a speedier resolution. It's the first time Jacksonville has received one since Mayor Jim Lewis has been involved in city government. First Presbyterian Church already has filed an appeal with the state's highest land-use court, the Land Use Board of Appeals. The case is expected to be heard by LUBA referees this summer. The church wants to build a 400-seat sanctuary and an education wing at Middle and Singler streets on a 10-acre parcel next to a 40-home subdivision called Pheasant Meadows. The Jacksonville Planning Commission on Nov. 10 denied the church's request for a conditional use permit, saying church traffic, noise and lights would have a negative impact on neighbors. The church appealed to the City Council, which overturned the Planning Commission's decision and approved the application Jan. 10. But during a March 2 meeting to settle the conditions of approval, the City Council denied the permit. The case attracted national attention when City Council members placed conditions on the approval, including a wedding and funeral ban at the new church building and restrictions on hours. A human rights organization, the Rutherford Institute in Charlottesville, Va., is offering legal advice to the church. Meanwhile, the oldest church in Southern Oregon continues to thrive despite the legal battles, said First Presbyterian minister Larry Jung. "Our Easter services were great and there was a joyful spirit," Jung said. "I've told the congregation we won't focus on the legal issues or the building. The church is much more than a building." Today's Edition : News | Sports | Business | Weather | Tempo | Classifieds Mail Tribune Copyright � The Mail Tribune 2000, Medford, Oregon USA