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McAndrews work may face roadblock City can't take some needed land yet, judge says By Chris Bristol In a surprise move, a Jackson County judge Friday refused to condemn a sliver of private property demanded by the city of Medford for construction of the upper East McAndrews Road extension. Judge Phil Arnold ruled that a full hearing is warranted to determine whether Medford abused the discretion given government to condemn private property for the sake of public projects like the McAndrews extension, which has been touted as the biggest public works project in recent city history. "The (city's) motion for immediate possession is denied," Arnold wrote. He did not set a date for the hearing. The ruling was an unexpected victory for Jane Hagle, who owns the property in question. Hagle has lived above Foothill Road since 1986, and the city wants a slice of her 4 1/2-acre homesite for the road. The extension project is designed to connect lower McAndrews with an orphaned spur in the sprawling Oregon Hills subdivision. Hillcrest Road is currently the only way in and out of the upscale subdivision, and the extension would provide immediate relief as an alternate route. The extension project is being done in two sections. The city is building the first section from Brookdale Avenue to Foothill, including a freeway-style overpass. Developer Noel Moore is building the second section in exchange for 160 acres of prime real estate in the subdivision. It is the developer's section of the road that is in dispute. As part of the land-for-road deal, the city agreed to condemn any property Moore needed -- a process called "eminent domain" or condemnation -- because only government has that kind of authority. In his ruling, issued late Friday afternoon, Arnold said Hagle has a right to a hearing to dispute the city's contention that it has to have her land immediately for the extension project. In condemnation cases, the city usually takes land first, then dickers over the price later. It was unclear what effect the ruling might have on the extension project, at least in the short term. Moore has already begun construction of his section from the top, working his way down the hill to join up with the city-built section like miners at opposite ends of a tunnel. To get anywhere, Arnold said, Hagle must prove the city abused its discretion -- that is, whether the city's demands meet a standard of "greatest public good vs. least private injury." Arnold ruled that Hagle raised two compelling points: that the steep grade of the road and the bike lane is unsafe, and that the location of the road almost right through the middle of her property is not the least private injury to her. The City Council last year eliminated a city code that capped the grade of arterials like McAndrews to a maximum of 8 percent. Eliminating the code would allow more flexibility as the city expands into the eastern hills, city officials said. At the time, some critics said the move was designed mainly to save Moore money on the construction of his share of McAndrews. He has proposed a 525-foot section be built at 9.5 percent. The city's own Planning Commission opposed elimination of the code, particularly commissioner Dennis Nielsen, who argued that making the road too steep would discourage pedestrian and bicycle use. Today's Edition : News | Sports | Business | Weather | Tempo | Classifieds Mail Tribune Copyright � The Mail Tribune 2000, Medford, Oregon USA