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50 °F Forecast | Road Cams Thursday, November 25, 2004 Today's News | Classifieds | Autos | Homes | Jobs | Tempo | Health | Community | Home Delivery SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics Tempo AP News Weather Classified Archives Site Map SPECIAL SECTIONS Since We Asked Outdoor Journal Menu Guide How To Guide Wellness Connection Readers' Choice Real Estate Showcase Joy Magazine Homelife Magazine Wedding Guide Passport to the Rogue Valley EXTRA Newspaper in Education Personals Movie Times TV Times E The People MARKETPLACE Find a Car Find a Home Find a Job Classifieds Place an ad eSouthernOregon Automotive Communities Entertainment Publications Recreation Calendar CUSTOMER SERVICE Frequent Questions Advertising Information Home Delivery Employment Contact Us Media Kit Network Affiliate Oregon Road Conditions & Cams Email Story to a Friend November 17, 2004 Bemis project goes to appeals court By EMILY MORRIS for the Mail Tribune ASHLAND — A proposal for an 81,000-square-foot commercial development in the heart of downtown has some life left in it with the applicants’ final appeal. Ed and Tanya Bemis will put their case before the Oregon Court of Appeals, and it could be heard before the end of the year, said Bemis attorney Greg Hathaway. The Bemises are appealing the Ashland City Council’s rejection of their plans for a mixed-use building with commercial space, condominiums and 2½ floors of parking behind the Ashland Springs Hotel. They lost their try with the state Land Use Board of Appeals, and taking it to court is the last option available. The Bemises have until today to submit a brief to the court and the city has two weeks after that to counter, Hathaway said. Land-use decisions happen fairly quickly, and the hearing could take place in December or early next year, he said. The court has 91 days following the oral argument to deliver its verdict. Further appeals would be difficult, Hathaway said. Advertisement "The key part of our case is that the chief referee of the board of appeals filed a dissenting opinion, and that is very unusual for the board," Hathaway said. Hathaway determined that of the past 3,500 cases heard by LUBA in the last 10 years, only five cases included a dissenting opinion. Hathaway said he does not know how many of those cases were successfully appealed. The Bemises’ project was filed in September of 2003, four days before the City Council passed a "big box" ordinance limiting the size of new buildings downtown. The proposed building’s footprint is 19,560 square feet. The structure includes a 23,245-square-foot basement, with 57,967 square feet of floor space above ground on three levels, including 23,671 square feet for parking. The total proposed floor area is 81,212 square feet. Initially approved by the planning commission, a group of residents appealed it to the council. The city council voted against the project in a 3-2 decision, and the Bemises appealed to LUBA. Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright © 1997-2004 Mail Tribune. All rights reserved. Privacy Policy | Terms & Conditions Website Feedback ADVERTISERS A D V E R T I S E R S SPECIAL SECTIONS Auto Finder Job Finder Home Finder Joy Magazine Homelife Magazine Tempo Readers' Choice Real Estate Showcase Since We Asked Outdoor Journal Moving to Southern Oregon? Volunteer Opportunities