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Group abandons battle against Quail Point Citizens group won�t take fight to higher court By Jessica Smith Putting to rest a five-year battle over the expansion of an east-side golf course, the Jackson County Citizens League says it won�t continue its fight against the Rogue Valley Manor. "We don�t like it," said Mary-Kay Michelsen, league president. "But we�re going to live with it." In a statement issued late Wednesday, the league announced it would not appeal an Oregon Court of Appeals decision to uphold local and state approvals of the Manor�s plan to expand the golf course from nine holes to 18. The league�s decision brings an end to its struggle to preserve a pear orchard expected to serve as the "back nine" of the expanded course. A spokeswoman for the Manor said the retirement community was reluctant to claim victory, however. "We�re going to reserve our excitement until we get confirmation" of the league�s decision, said public relations manager Kara Peccia. The league had one last shot at stopping the golf course expansion � a review by the Oregon Supreme Court. But the state�s highest court declined once before to hear the case, Michelsen said. "This is as far as we thought wise to push it," she added. "Since (the justices) already turned it down once, it seemed unlikely they would hear it now." Central to the league�s case was its argument that the Manor�s plan violated the principle that land outside the urban growth boundary be limited to rural uses. Late last month, the Oregon Court of Appeals upheld a state Land Use Board of Appeals ruling that a golf course is a permitted use on farm land. According to Peccia, the Manor has yet to begin planning the expansion. She said the Manor will work with City Hall and the community to design the nine-hole addition "sometime down the road." It�s been four years since the Manor first won the county�s approval to expand onto farmland. In 1997, the plan was threatened by a Land Use Board of Appeals ruling that overturned the local decision. Since then, the expansion plan has earned the favor of local decision-makers and the state legal system. Though disappointed by the Court of Appeal�s November ruling, the citizens league said it is pleased that issues raised in earlier appeals led to changes in state land use laws that will better protect farmland. "It�s not all tears because some good has been accomplished," Michelsen said. "We lost this case but other farmland will be protected from a similar event." According to Michelsen, the state Land Conservation Development Commission has revised its rules to preclude golf courses from expanding onto prime agricultural land. The rule change came after the Manor got approval for the Quail Point expansion. Five-year struggle Since the Rogue Valley Manor submitted plans in 1996 to expand Quail Point Golf Course, the Jackson County Citizens League and other groups have fought to prevent the course from spreading onto farmland outside Medford�s urban growth boundary. Here�s a look at how the case progressed over the years: January 1996 � Manor submits application to expand Quail Point. June 1996 � Jackson County approves course expansion. June 1997 � Land Use Board of Appeals overturns county�s approval of the plan. November 1997 � Oregon State Court of Appeals reverses LUBA�s decision, restoring county approval. April 1998 � Court of Appeals denies a petition for reconsideration from the Department of Land Conservation and Development. October 1998 � Oregon Supreme Court rules to uphold the November 1997 LUBA decision on appeal from the Jackson County Citizens League. June 1999 � Jackson County board of commissioners gives final approval to Quail Point expansion after a public hearing. May 2000 � On appeal from the citizens league, LUBA upholds the county�s decision. Nov. 22, 2000 � Court of Appeals upholds LUBA decision on appeal from citizens league. Reach reporter Jessica Smith at 776-4481, or e-mail [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2000 Mail Tribune, Inc.