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77 °F Forecast | Road Cams Thursday, September 16, 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 How To Guide Wellness Connection Readers' Choice Real Estate Showcase Joy Magazine Homelife Magazine Wedding Guide Rogue Valley's Finest 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 December 2, 2003 First Presbyterian debate goes to state Supreme Court By SANNE SPECHT Mail Tribune JACKSONVILLE — The Friends of Jacksonville citizens group is taking its case against a church’s expansion project to the Oregon Supreme Court. If that doesn’t work, the group will try the nation’s highest court, its attorney says. "Given the profound constitutional issues at stake, we certainly would have the right to take this to the U.S. Supreme Court," said attorney Liam Sherlock. The group argues that the City Council violated its own rules on land-use planning early this year when it granted a conditional use permit for First Presbyterian Church’s proposed 18,163- square-foot project. The church wants to build on 10 acres adjacent to Pheasant Meadows subdivision. The Friends also claims the council continues to show bias in favor of the project by its refusal to allow further "substantive testimony" from those opposed. The state Land Use Board of Appeals ruled in 2002 that Councilman Jerry Mathern showed bias in favor of the project and returned the case to the council. Sherlock said that meant the council needed to allow for more public input. The council’s subsequent decision to limit testimony, he said, was a violation of public hearing laws and a continuation of bias. Advertisement "Friends of Jacksonville was expressly prohibited from getting a fair hearing (by the City Council)," says Sherlock. To further complicate the situation, the city sent out a notice with an inaccurate deadline for filing an appeal, which Sherlock said he relied on. Church attorney Alan Harper filed a motion with LUBA to dismiss the Friends’ appeal when he realized Sherlock had missed the deadline. LUBA refused to review Sherlock’s arguments. In spite of Jacksonville city attorney Kurt Knudsen’s suggestion that the council consider rescinding and reissuing the church’s conditional use permit to restart the LUBA time clock, the council refused. Taking the case to the Appeals Court was the next step, Sherlock said. But that court also rejected Sherlock’s argument. Sherlock believes the court’s rejection was based on flawed logic. "We’re asking the Supreme Court what is a ‘full and fair hearing,’ " he said. "We feel that the appeals court did not read statutory requirements with enough depth to understand we get to have a full and fair hearing." Sherlock is hopeful the state’s highest court will rule in his group’s favor. "The U.S. Supreme Court has ruled in favor of fair hearings before," he said. Harper says the court may decide not to hear the Friends’ appeal. After all, he says, the Oregon Court of Appeals refused to hear the Friends case twice already. Both Harper and Sherlock say they have no idea when, or if, the Oregon Supreme Court will hear this latest legal argument between the two parties. "They could sit on it for awhile," said Sherlock. "But we hope our case will be heard soon." Harper said he will file the church’s response within the 21-day time frame, just in case. "They don’t have to hear it (the case) or give a time frame for when they’ll hear it, if they do," said Harper. 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