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Opp gag order request to receive hearing County, Jacksonville council charged with fraud in revised case By Melissa Martin A federal judge will consider Jackson County�s request for a gag order that would silence attorneys and property owners in the Opp Mine case. Jackson County will ask the court to "preclude any public comment on the case by trial counsel and trial participants,�� according to the motion filed April 6 in U.S. District Court in Medford. Judge John Cooney is scheduled to hold a hearing by telephone Monday. Dispute attorneys face state action Three attorneys involved in the Opp Mine land-use dispute have pending complaints filed against them with the Oregon State Bar. Medford attorney Bob Robertson filed a complaint of unethical conduct April 5 against Michael Jewett and Steve Rinkle of the Jackson County counsel�s office. And Jewett and Kurt Knudsen, the attorney for the City of Jacksonville, filed an ethical violation complaint against Robertson Sept. 1, 2000. The complaint against the county attorneys alleges that they failed to keep a promise of granting a conditional use permit in exchange for the owner dropping his appeal before the state Land Use Board of Appeals. The complaint against Robertson alleges that he tried to prevent Opp Mine neighbors from testifying against his proposal during public hearings. The Oregon State Bar is investigating both complaints, a spokeswoman said Wednesday. The county also asked that court records be sealed from the media. "The sealing of public records is a serious matter," Cooney wrote in a letter Tuesday to the county�s attorney. His letter states he would consider holding a hearing when the county files a formal motion. The case centers on a dispute over a permit to allow the current owners of the Opp Mine to extract and sell gravel from the property. "What happened to our Constitutional rights?" said Frank Hardin, one of the owners of the Jacksonville-area mine. "They filed a gag order because they don�t want the public to know what�s going on." Jackson County officials wouldn�t comment about the gag order request, said Robert Newell, the Portland attorney representing the county in this case. Paul Wyntergreen, Jacksonville City Administrator wouldn�t comment either. Meanwhile, Bob Robertson, the Medford attorney for the mine owners, filed a new version of his $50 million lawsuit charging Jackson County and members of the Jacksonville City Council with fraud and racketeering. The lawsuit alleges that county officials committed fraud when they failed on their promise of a conditional use permit that would allow Hardin to mine gravel and rock from his land in exchange for Hardin dropping his appeal before the state Land Use Board of Appeals. The lawsuit charges public officials with racketeering for lying under oath during depositions about a March 2000 meeting. The meeting took place in the Jackson County counsel�s office with the mine property owners, county attorney Steve Rinkle, and Joe Strahl, director of Jackson County roads, parks and planning services. "I sat right across the table from Joe Strahl and asked him specifically if they would issue the permit and he said, �Yes we will issue the permit if you drop the LUBA appeal,� " Hardin said. Strahl was out of town Wednesday and unavailable for comment. County officials have said the permit was not promised and, regardless, a permit could only be granted after a public hearing. At issue is the historic Opp Mine, the site of one of the largest gold strikes in Jacksonville�s history. Property owners Hardin, his wife, Sandra, and her mother, Bernadine Wynnyk of British Columbia, want to haul leftover tailings from the old mine and other rock off the property. Aggregate is used as a base for roads and construction. The city of Jacksonville appealed Jackson County�s original approval of a permit. The city cited concerns about more rock trucks rumbling through its historic downtown. A former logger, Hardin said he bought the property to start a family aggregate business with his four children, all of whom own and operate heavy equipment. "We�ve been making $2,000 a month payments on that property for 11 years and getting nothing in return," Hardin said. "This hurts us financially." Hardin�s amended lawsuit cites Measure 7, which voters approved last November. The measure compensates property owners when government decisions affect use of their land. "We have the ability to make this family business work, if we could just get the permit," Hardin said. "We�ve had several opportunities to sell large amounts of rock, but we couldn�t produce it because we had no permit." Reach reporter Melissa Martin at 776-4497, or e-mail [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.