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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 Home News Latest Stories Weeders turn out to head off pesticide use Gov. Kitzhaber steps down, federal investigation begins Successor Kate Brown must run for election in 2016 Emergency services, Feb. 14 Community leaders saddened by governor's departure Crime, Courts and Emergency Services Emergency services, Feb. 14 Police arrest robbery suspects who wore underwear as masks Purple Parrot robber sentenced Busy burglar still at large in Medford Sheriff's lieutenant may face misconduct charges over ticket dismissals Politics and Elections Gov. Kitzhaber steps down, federal investigation begins Gov. Kitzhaber announces resignation Successor Kate Brown must run for election in 2016 Community leaders saddened by governor's departure Read Gov. 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Infante: Just in time for Valentine’s Day, some favorite breakup songs Ayron Jones and The Way play Rocky-Tonk Brett Dennen plays the old Ashland Armory Community Events Southern Oregon Rod and Custom Show Ashland's First Friday Art Walk showcases new exhibits by regional artists Jacksonville celebrates Chinese New Year Comedian Susan Westenhoefer pulls no punches Paula Poundstone performs at the Craterian Dining The zwickels shall flow Soo Rah Korean Cuisine Stylish shareables are the feature at Brickroom Sandwiches and burgers are hits at The Rogue Chef The Vine offers a taste of Italy Tempo Videos Classifieds Jobs Autos Real Estate FEATURED » Obituaries Blogs TV Listings Movie Listings Oregon Outdoors Oregon Healthy Living Magazines & Special Sections NEWS NOW Weeders turn out to head off pesticide use ... Get Up & Go: Saturday, Feb. 14 ... Gov. Kitzhaber steps down, federal investigation begins ... Weeders turn out to head off pesticide use ... Get Up & Go: Saturday, Feb. 14 ... Gov. Kitzhaber steps down, federal investigation begins ... COURTS Jackson County judge dismisses one Mt. View Paving case Says circuit court lacks jurisdiction in land-use issue By Tony Boom for the Mail Tribune MailTribune.com By Tony Boom for the Mail Tribune Posted Dec. 5, 2014 @ 2:53 pm By Tony Boom for the Mail Tribune Posted Dec. 5, 2014 @ 2:53 pm » 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" --> An environmental group has lost its attempt to halt operations of an asphalt batch plant outside Talent until land-use issues are resolved. Jackson County Circuit Judge Timothy Gerking dismissed a suit brought against Mountain View Paving by Rogue Advocates and Chris Hudson, owner of neighboring Mountain View Estates, saying the court lacked jurisdiction over the matter. Rogue Advocates says it may appeal. The suit alleged the county failed to enforce land-use regulations and that the asphalt plant was in violation of those rules and should halt operations until the plant was brought into compliance. Regulations do provide for circuit court jurisdiction in land-use matters, said Rogue Advocates President Steve Rouse and attorney Maura Fahey of Crag Law, Portland. “We are in consultation with Crag to consider an appeal,” said Rouse. “Even the land development code states that the circuit court does have certain land-use oversight.” Neighbors of the plant, including Mountain View Estates, and Rogue Advocates have battled the operation since 2011 citing noise, odors and potential environmental dangers. County rulings have determined the current operation lacks approval, but Mountain View Paving is now seeking authorization. “Essentially the court wasn’t saying that their claims were wrong or we were in violation. They were just saying they should be heard in a different venue,” said Hilary Zamudio, attorney with Huycke O’Connor Jarvis LLP, which represents Mountain View Paving. Zamudio said the firm shared the same argument with the county in seeking dismissal. “Our argument was that the circuit court was not the appropriate place under Oregon Revised Statues,” said Joel Benton, county counsel. “The appropriate place to litigate those issues is under the Land Use Board of Appeals.” “It’s an important issue for both parties," Zamudio said. "I see the interests that both parties have, but I think it needs to play out in the land-use process and the judge agrees with that.” Rogue Advocates will explore other paths besides appealing the ruling, said Rouse. Those bringing the suit had wanted operations at the plant to cease until the land-use process determines the plant’s legitimacy to operate. "It’s quite clear they don’t have any land-use authorization,” said Rouse. A county ruling said the firm must seek new authorization as a grandfathered facility because site use changed substantially when it was switched from a concrete to an asphalt batch plant. County policy has been to allow operations to continue without approval if land-use actions to remedy a situation are in process. 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 Dec. 5, 2014 @ 2:53 pm » Comment or view comments /* $( 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 Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs 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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