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Mine owners pass polygraph Say county officials promised a permit By Melissa Martin JACKSONVILLE � The owners of the Opp Mine near Jacksonville have passed a polygraph test with flying colors as they continue their pursuit of a permit to mine and haul aggregate from a Jacksonville hillside. The owners are trying to prove that county officials promised them a permit to allow aggregate mining at the site in Jacksonville. "It is my professional opinion that the test conducted on Mr. (Bob) Robertson showed consistent truthful responses to each relevant question asked," wrote polygraph examiner R.K. Lango. About property owner Frank Hardin of Eagle Point, the examiner wrote: "It is my professional opinion that Mr. Hardin is being truthful when answering the relevant questions asked. Other questions were asked during the examination to evaluate responses, but no decision as to truth or deception is made on those questions." Hardin and his Medford attorney Bob Robertson took polygraph tests recently after challenging Jackson County officials to do the same. But county officials refused on the grounds that a polygraph is not permitted evidence in court, their Portland attorney said. "They�ve challenged our credibility, and we felt like we needed to show that we were telling the truth," Robertson said. The debate centers on whether county planning director Joe Strahl and county counsel Steve Rinkle promised an aggregate mining permit to Robertson and Hardin during a private meeting in the Jackson County counsel�s office last March. The county never made that promise, said Portland attorney Bob Newell, who is representing Jackson County in this case. "This polygraph thing is an attempt to try this case in the press, and that�s not the way we�re going to try it," Newell said. In December, Robertson filed a $50 million lawsuit in U.S. District Court against Jackson County, the city of Jacksonville and Jacksonville�s council members and mayor. He originally called the lawsuit a Measure 7 claim because he said the property was devalued when local governments wouldn�t allow mining on it. Zoned as woodland resource, the property is not adequate for a tree farm because of underground gold mining tunnels dug at the turn of the century. Neither could the property be used for housing because it�s outside the urban growth boundary, said Robertson, who is also part-owner of Jackson Creek Sand Co. But more recently, Robertson called it a "breach of contract" lawsuit. He asked the state Land Use Board of Appeals to address the issue of alleged misconduct of public officials, but LUBA declined. "This is a frivolous lawsuit for several reasons," Newell said. "He can�t submit a Measure 7 claim and he can�t make a claim against the county for breach of contract based on oral discussions. There�s a long history of case law in Oregon that says you can�t do that with a governing body. You have to have official action in a regularly scheduled, recorded meeting. "Bob Robertson�s problem is that he wants to cut the city of Jacksonville out of the case," Newell said. "They have a right to be heard." Reach reporter Melissa Martin at 776-4497, or e-mail [email protected] History of the Opp Mine case The Opp Mine land-use case dates back to 1994, when Jackson County denied property owner Frank Hardin a permit to extract rock from his property. Hardin appealed to Jackson County Circuit Court, which ruled in his favor. An appeals court overturned the decision. Then Hardin applied for and was denied a conditional use permit (which allows the county to control hours of operation and other factors). Bob Robertson, Hardin�s Medford attorney, appealed to the state Land Use Board of Appeals, but withdrew it when Jackson County promised to mediate. County officials and mine owners signed a "settlement agreement" in March 2000 that allowed Jackson Creek Sand Co. to re-apply for a conditional use permit. Jackson County approved it, but the city of Jacksonville appealed because of concerns over truck traffic that would exit the mine and travel city streets. In December, a hearings officer sided with the city and the permit was disallowed. Soon after, Robertson filed a $50 million lawsuit in U.S. District Court against Jackson County, the city of Jacksonville and Jacksonville�s council members and mayor. He also appealed to LUBA again. Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.