Document text
0 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 Murders at Crater Lake: The slaying of auto-parts reps in 1952 remains a mystery ... Our View: Law lets lobbyists keep public in the dark ... Britt commissions NY composer Michael Gordon to capture Crater Lake in sound ... Murders at Crater Lake: The slaying of auto-parts reps in 1952 remains a mystery ... Our View: Law lets lobbyists keep public in the dark ... Britt commissions NY composer Michael Gordon to capture Crater Lake in sound ... TALENT Rogue Advocates appeal asphalt plant ruling Comment By Tony Boom for the Mail Tribune MailTribune.com By Tony Boom for the Mail Tribune Posted Apr. 6, 2015 at 12:01 AM By Tony Boom for the Mail Tribune Posted Apr. 6, 2015 at 12:01 AM » Social News TALENT — Jackson County’s latest decision, which allows operation of Mountain View Paving’s asphalt batch plant on Bear Creek, has been appealed and will have a public hearing before a county hearings officer. Rogue Advocates filed an appeal March 31 of the tentative county ruling. Mountain View Paving and the environmental group have fought over the legality of the firm’s operation for four years through the county and state land-use process and, at times, in court. Hearings Officer Donald Rubenstein will preside at the session at 8:30 a.m., Monday, June 1, in the courthouse auditorium, 10 S. Oakdale Ave., Medford. New evidence can be submitted into the record at the hearing. Rubenstein will consider all evidence and is required to issue a decision by June 26. But county Development Services Director Kelly Madding said Rubenstein is likely to ask for an extension and that the paving firm has indicated a willingness to allow the additional time. The decision can be appealed to Oregon’s Land Use Board of Appeals. Rogue Advocates attorney Maura Fahey, of Crag Law Center in Portland, said the group would raise issues that had been explored by LUBA in two previous rulings on other appeals. County compliance with its own rules will also be questioned. “It all relates to our previous appeals and the LUBA outcome that we recently received. There’s some facility issues in those orders that are relevant to this application,” Fahey said. “Our specific arguments will come out in the hearing.” Jackson County also did not comply with notice requirements in the decision process, she said. All parties in the issue should have received notice of the application to confirm the plant’s nonconforming status, Fahey added. “We heard about it through a news story,” said Fahey. Compliance with criteria on code enforcement will also be challenged, she said. “It is documented that this use has been without land use authority for many years,” Fahey said, adding that the county’s land development ordinance contains requirements for such violations. LDO section 1.8.2, which Fahey references in the complaint, covers general enforcement provisions and penalties. Any violation will be deemed a nuisance and the county may pursue a variety of legal actions to prevent, enjoin, abate or remove unlawful location of facilities, the section states. Other allegations in the appeal are that public health and safety are compromised by the project, and that federal, state and local agency regulations are not met by the application. The county ruling, issued March 19, determined conversion of the plant from concrete to asphalt production in 2001 did not create a greater impact on surrounding properties. The county also found that the alteration was not an expansion of the previous nonconforming use at the site. Mountain View Paving attorney Dan O’Connor did not return a phone call seeking comment. Tony Boom is a freelance writer living in Ashland. Reach him at [email protected] By Tony Boom for the Mail Tribune MailTribune.com By Tony Boom for the Mail Tribune Posted Apr. 6, 2015 at 12:01 AM » Comment or view comments Reader Reaction » 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. Southern Oregon Directory Featured Businesses Loading... Business Name address Location, ST | website.com Find Southern Oregon Attractions Bars Restaurants Beauty Salons Entertainment Doctors Medical Specialists Contractors Education Lawn Services Lawyers Shopping Travel Tanning Used Cars Wedding Services ▼ Add your business here + Events 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. Your privacy is important, read our privacy policy. © Copyright 2015 Local Media Group, Inc. All Rights Reserved. Privacy Policy | Terms of Service | Local Media Group Publications Original content available for non-commercial use under a Creative Commons license, except where noted. MailTribune.com | P.O. Box 1108, Medford, OR 97501