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Judge allows review of land lease to OSF By TONY BOOM ASHLAND - A city lease of land for a theater and parking structure will undergo a judicial review process, a Jackson County judge decided Monday. Judge pro tem Mitchell Karaman granted a "writ of review" requested by residents Philip Lang and Colin Swales. The review seeks to nullify a City Council decision that leased land for the structures to the Oregon Shakespeare Festival. City officials must compile a record of proceedings for the review by Aug. 6 unless they decide to seek dismissal of the review. Karaman will review the records and make a decision Work on the $2.4-million, 145-space parking structure on Hargadine Street is nearing completion. The adjacent new theater will be finished in time for the 2002 season. The council approved a 75-year lease of land in June 2000. The city will own and operate the parking structure, which OSF is building. The city is paying a portion of the parking structure's cost. "We could ask the court to dismiss or we could return the record and have the court look at (it) to see what we did wrong or right," said City Attorney Paul Nolte. He said the city would probably ask the court to dismiss it because he claims there is no merit to what they are alleging. "Judges always grant a writ. You petition for the writ (and) it is issued immediately," said Nolte. "Except these guys didn't know how to do it." Swales and Lang are representing themselves in the action without legal counsel. They first filed a petition in December 2000. Nolte had not seen the signed writ when contacted Tuesday. Lang said he expected to obtain the writ Tuesday and send it by certified mail to the city. "The city has not followed the law, in our view," said Lang. "It is the responsibility of government to exercise due diligence ... before selling and leasing to private corporations. (The decision) lacked due consideration; it didn't determine if it's in public interest or what it's worth." In their petition Swales and Lang raised six contentions over the council's action. They include failure to determine if the public interest is served; not recognizing that the land would no longer be available for public use; and failure to secure adequate consideration for the leases. "We do believe that the lease between the festival and the city is proper in all respects," said Paul Nicholson, OSF executive director. "We anticipate that the judge will verify that in due course." Nicholson says the festival anticipates working with the city in putting together the reasons why the writ should be dismissed. Lang and Swales had contested approval for construction of the projects to the Oregon Land Use Board of Appeals. They contended it violated city land-use rules. The appeal was dismissed because it was received three days after a Feb. 23 deadline. Reach Ashland bureau reporter Tony Boom at 482-4651, or e-mail [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.