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CLEAR Temp: 50 °F Wind: CLM at 0 mph Thursday, October 2, 2003 SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics AP News Weather Classified Archives Site Map EXTRA HomeLife Magazine Joy Magazine Tempo A & E RogueValleyAutoFinder RogueValleyHomeFinder Real Estate Showcase Wellness Connection Newspaper in Education Prime Times Outdoor Journal Personals Movie Times TV Times E The People CLASSIFIEDS Find a Car Find a Home Find a Job Find Everything E SOUTHERN OREGON Automotive Communities Entertainment Publications Recreation Calendar ABOUT US FAQ What's New Advertise Home Delivery Classified Ad Employment Contact Us Media Kit Email Story to a Friend September 16, 2003 Jacksonville group asks court to review decision on church case By SANNE SPECHT Mail Tribune JACKSONVILLE — The Friends of Jacksonville citizens group is asking the Oregon Court of Appeals to review its decision in the group’s case against the First Presbyterian Church’s expansion project. The group argues that the City Council’s granting of a conditional use permit to the church without allowing further "substantive testimony" from those opposed violated the definition of a public hearing. The council members’ vote came after the case was remanded back to them by the Land Use Board of Appeals, which ruled last year that Councilman Jerry Mathern was biased in favor of the church’s 18,163-square-foot expansion project in a residential neighborhood. Friends attorney Liam Sherlock said the council’s decision to allow only testimony about ex-parte contact and nothing else into the record was a violation of public hearing laws. Advertisement "This was a new and discreet proceeding," Sherlock said. "A hearing involves notice and an opportunity for interested parties to have input. "A hearing is not limited to selection of the decision makers." That technical definition is important because it affects the filing date for petitions. If the meeting was an official hearing, Sherlock’s motion was filed too late. If the court reviews the reconsideration petition and rules that the meeting was invalid, Sherlock’s filing will be within the deadline and his argument will have to be heard by LUBA. To further complicate the situation, the city sent out a decision notice with an inaccurate filing deadline, which Sherlock said he relied upon. Church attorney Alan Harper filed a motion to dismiss when he realized Sherlock had missed the deadline. LUBA refused to review Sherlock’s arguments. When the council refused to rescind and reissue the church’s conditional use permit and restart the LUBA time clock, taking the case to the Appeals Court was the next step in fighting the project and getting his argument heard, Sherlock said. But the Appeals Court rejected Sherlock’s argument, citing case law regarding hearings and noticing requirements. Sherlock said the court’s rejection was based on flawed logic. Sherlock has filed a "petition of reconsideration" in hopes the court will reverse its decision of Aug. 20. "I was impressed .... until the very last paragraph where they failed to take the analysis to the next logical step, which was to find the December 3 meeting was not a hearing under Oregon land use laws," said Sherlock. "We’re asking the court to reconsider its decision and make it consistent with the rest of its opinion." Church attorneys have already filed their argument countering Sherlock’s reconsideration request. Harper said he’s not worried about the court reversing its decision. Harper said the court made one small factual error regarding a date but it was not relevant to the persuasive arguments in favor of the church. Reach reporter Sanne Specht at 776-4497 or e-mail [email protected] . Printer Friendly Version Email Story to a Friend Subscribe Archive: Click to Search Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright © 1997-2003 Mail Tribune. All rights reserved. Privacy Policy | Terms & Conditions Website Feedback A D V E R T I S E R S SPECIAL SECTIONS Rogue Valley Auto Finder Rogue Valley Job Finder --> Rogue Valley Home Finder Joy Magazine Homelife Magazine Tempo Real Estate Showcase Food for Thought Hike of the Week Wellness Connection Outdoor Journal Moving to Southern Oregon? Volunteer Openings Prime Times