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> By Tony Boom for the Mail Tribune September 14. 2014 2:00AM Neighbor goes to court to stop asphalt operations TALENT — A neighbor and an environmental group have gone to court to stop the operations of an asphalt batch plant until the land use process determines its legitimacy. Jackson County’s Board of Commissioners and the firm are named in a complaint filed by Rogue Advocates and plant neighbor Chris Hudson in Jackson County Circuit Court. Jackson County is alleged to have failed to enforce county land use regulations and to have been aware the Mountain View Paving’s plant was operating without a permit since at least 2011, and likely since 2001, according to the compliant. The county has filed a motion to be dismissed from the case. Land use actions have been underway since 2011 to determine if the plant is a grandfathered use at the site located on Bear Creek just outside city limits and across the creek from Hudson’s Mountain View Estates retirement park. Residents of Talent have complained of noise and odors coming from the plant. “It’s an effort to have the use cease and desist until it is verified as a lawful use,” said Maura Fahey, attorney with Crag Law, Portland, who represents Rogue Advocates and Hudson. “It’s essentially to have the court enforce land use code rather than have (the plant) continue while the land use process goes forward.” A ruling on a land use appeal remanded to the county by Oregon’s Land Use Board of Appeals is due by Oct. 29. The ruling could set in motion a process to determine if the asphalt plant is a legal, non-conforming use on the property. LUBA’s remand makes clear the current asphalt batch plant is illegal, Fahey argues in her complaint. County Counsel Joel Benton said that enforcement of rules is discretionary. “We filed a motion to dismiss the county as we don’t feel the complaint … has any merit against the county,” said Benton. Benton also noted that the county did file a complaint against Mountain View Paving earlier this year alleging the plant is violating county Land Development Ordinances. Jackson County Hearings Officer James Dole considered the issue on Aug. 5. Dole conclude the plant did not have required permits or approvals, but allowed continued operation while the land use process goes forward. “To say we haven’t done anything isn’t true even though we view (enforcement) as discretionary,” said Benton. “They allege we have both done something and not done something.” Fahey says the complaint argues that enforcement is not discretionary. A response to the county’s motion is under development and Fahey did not want to comment further on the request. Mountain View Paving’s attorney Dan O’Connor declined to comment on the complaint. Timelines for court hearings are unknown as a judge has not yet been assigned to the case. Ashland land use attorney Chris Hearn has been added as local attorney of record for the plaintiffs. Hearn will assist with filings and make court appearances, said Fahey. Tony Boom is a freelance writer living in Ashland. Reach him at [email protected]. http://www.mailtribune.com/article/20140914/NEWS/140919842 © 2015 Copyright © 1995-2011 Crain Communications Inc. All Rights Reserved. Terms of Use Privacy Statement -->