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3 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Classifieds Jobs Autos Real Estate FEATURED » NEWS NOW 'Doonesbury' still on hold after 2½ years ... Talent asphalt plant loses LUBA appeal ... UPDATE: Winning Powerball tickets in California, Florida, Tennessee ... 'Doonesbury' still on hold after 2½ years ... Talent asphalt plant loses LUBA appeal ... UPDATE: Winning Powerball tickets in California, Florida, Tennessee ... Talent asphalt plant loses LUBA appeal By Cathy Noah MailTribune.com By Cathy Noah Posted Jan. 14, 2016 @ 12:01 am By Cathy Noah Posted Jan. 14, 2016 @ 12:01 am » Social News p bs:newslist StartDate="20121121" EndDate="p bs:datecalc Months="3"" DateSort="1" UseObjects="1" ObjectClass="81" Taxonomywords="2325,665" ExactTaxonomyMatch="1" Image="1" Count="4" --> The Land Use Board of Appeals has affirmed a Jackson County hearings officer's decision denying land-use approval for Mountain View Paving's asphalt batch plant near Talent. The Monday ruling effectively removes a stay that allowed Mountain View to continue operations while its appeal was being decided. Whether that means the asphalt plant must cease operations immediately or face stiff fines from the county could not immediately be determined. Calls to Jackson County Development Services Director Kelly Madding and to Mountain View Paving attorney Dan O'Connor have not yet been returned. When reached by phone, Mountain View owner Paul Meyer declined to speak to the Mail Tribune. Mountain View Paving has battled environmental group Rogue Advocates and others over its right to operate at the site along Bear Creek since 2011. Neighbors across the creek in Mountain View Estates and residents elsewhere in Talent have complained of noise, odor and dust from the operation. Rogue Advocates Steve Rouse said he's hopeful the battle is over. "We're optimistic that the LUBA ruling is pretty definitive on the land-use issue," he said. Jackson County Hearings Officer Donald Rubenstein ruled Sept. 24 against Mountain View's request for after-the-fact approval for converting its concrete batch plant at 530 W. Valley View Road to an asphalt plant, which it did in 2001. On Sept. 28, Jackson County warned the paving firm it would issue a fine of as much as $40,000 if the firm continued operations. Mountain View appealed the ruling to LUBA, the fourth the state board has heard regarding the plant. LUBA rejected Mountain View's arguments that Rubenstein erred when he found that the site's conversion from concrete to asphalt in 2001 constituted a greater intensity of use, posed a greater risk of explosion and fire and had a greater adverse impact on the surrounding neighborhood. Rouse said the ruling "means we can move on to what we like to do." "Instead of having to litigate in court, it means we can go back to expending our resources on our core mission, which is to promote sustainable use of farm and forest land," Rouse said. Rogue Advocates and Mountain View are still wrangling in federal court, however, where the environmental group has asked for an injunction prohibiting the asphalt plant's operations because without land-use approval, the plant is in violation of its Clean Act Air permit. In light of the LUBA ruling, Magistrate Judge Mark D. Clarke canceled a Thursday hearing and asked the two sides to come to a settlement ( updated from previous version ). Mountain View states in federal court documents there's no evidence the operation has ever exceeded the emission standards of its Department of Environmental Quality permit. It also says that even if the firm loses its ability to operate the asphalt plant, it will not be prohibited from manufacturing and processing rock or recycling asphalt by crushing it and transporting it to another location. By Cathy Noah MailTribune.com By Cathy Noah Posted Jan. 14, 2016 @ 12:01 am » Comment or view comments Terms of Service /* $( document ).ready(function() { // Jquery mobile is trying to style the button and leaving a blank gry button on top of a white button $("#viafouracoms .vf-comment-controls li.vf-right").html(' Submit '); });*/ » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Propel Marketing Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Mobile Site Stay Informed Email newsletter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. 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