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JOSEPHINE COUNTY Gravel mine issue won't appear on ballot By Shaun Hall Grants Pass Daily Courier MailTribune.com By Shaun Hall Grants Pass Daily Courier Posted Mar. 24, 2016 @ 12:01 am By Shaun Hall Grants Pass Daily Courier Posted Mar. 24, 2016 @ 12:01 am » 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" --> Just days before ballots for the May 17 primary election off to the printer, Circuit Court Judge Pat Wolke pulled the plug — at least, temporarily — on a measure asking voters to reverse a county decision allowing a gravel mine in the Sunny Valley area. The measure had qualified for the ballot, as far as Josephine County Clerk Trisha Myers was concerned, when opponents of the mine submitted a petition with 1,358 validated signatures seeking a vote. But Wolke ruled the measure was "an unlawful ballot measure that asks voters to decide a land-use issue in violation of Oregon statutes." As a result, he issued a temporary restraining order to Myers, and then set an additional hearing for 11 a.m. Friday to consider making the order a permanent injunction. Myers already had placed the wording of Measure 17-68 on the county's election website page. "More than likely we might just remove it … and put this ballot title as removed and state the court case and the order," she said Tuesday. Myers said she has worked in the clerk's office for almost 10 years and never had to deal with a similar situation. Usually, any court challenges would follow a vote. "This stuff usually occurs after an election," she said. Sunny Valley Sand & Gravel is seeking the injunction, arguing that land-use decisions are not subject to a vote of the people. "A land-use decision is not a legislative decision of the kind to which the constitutional initiative and referendum rights apply and may not be referred to the electorate," the company stated in its motion seeking the court's order. "Land use decisions are appealable to (the Land Use Board of Appeals) and the appellate courts." Opponents of the mining operation disagree. Diane Getchell, chief petitioner of the ballot measure and a representative of People for Local Land Use Justice, issued a statement about Wolke's actions. "Does a county circuit court judge have the power to declare this procedure illegal and thereby pull the measure off the ballot?" Getchell said. "We do not think so." County Counsel Wally Hicks said he neither endorsed nor opposed the company's request for the order, in court last week. In fact, he said he's not sure which side is right. "The people do have a right to constitutional referendum, but not necessarily on all matters," Hicks said. "I do not know the answer. We've been researching it for months. "The Oregon Constitution allows for referendum on legislative matters, but not administrative matters." The measure seeks to overturn a Josephine County Board of Commissioners ordinance allowing the mining. "Ordinances are traditionally legislative," Hicks said. "This is an ordinance about something that is traditionally administrative." Commissioners last summer amended the county's comprehensive plan by changing the allowed use of the mining property to aggregate, from forest. It's that decision that mining opponents want voters to overturn. The mining operation, located off of Placer Road about four miles east of Interstate 5, will excavate an area of about 112 acres, containing an estimated 6.9 million tons of aggregate, to be removed over a period of 20 to 40 years and crushed on site. Opponents have cited concerns about traffic, dust and noise. Reach reporter Shaun Hall at 541-474-3722 or [email protected]. By Shaun Hall Grants Pass Daily Courier MailTribune.com By Shaun Hall Grants Pass Daily Courier Posted Mar. 24, 2016 @ 12:01 am » Comment or view comments Terms of Service /* $( 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 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. 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