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City to continue road extension But only after agreeing to cover county�s legal fees By Jessica Smith Whether the city of Medford completes one of its biggest road projects in history hinges on the City Council�s willingness to potentially pay thousands of dollars � up to $100,000 � in legal fees. Jackson County officials say they�ll amend an outdated ordinance � clearing the way for the extension of East McAndrews Road � but only if the city agrees to pay to defend the county if any lawsuits come from the policy change. Without that assurance, county sources say, the board of commissioners won�t consider the necessary amendment. "While we�re fixing an ordinance that has broader implications, it�s the East McAndrews Road part of it that could get us sued," said Michael Jewett, county counsel. The Medford council will take up the county�s request at its noon session Thursday. As proposed by Ron Doyle, city attorney, the agreement would limit to $100,000 Medford�s financial obligation in defending the county. The county�s land development code prohibits road building on unincorporated "resource lands." On that basis, a Jackson County judge earlier this month blocked the city from taking possession of property needed to complete the East McAndrews extension. The city expects to finish the first half of the project � including a freeway-style overpass at Foothill Road � this winter. But the upper section of the road, which connects to Hillcrest Road to the east, is key to improving traffic congestion problems on the east side, said Michael Dyal, city manager. "The road doesn�t perform the intended service ... until the upper portion is completed," he said. Although the county is willing to amend the land code � bringing it into compliance with state land-use rules by allowing road construction on resource lands within an urban growth boundary � officials say they�re afraid they�ll be sued. Jane Hagel, whose four-acre homesite sits squarely in the path of the road extension, already took the city to court, arguing the city abused its power to condemn her property by failing to oversee negotiations between her and developer Noel Moore. Moore is building the upper portion of the road extension in exchange for 200 acres of real estate off Hillcrest Road. "We don�t know (if the county will be sued) but the project is hotly contested," Jewett said. "A lawsuit is certainly a possibility." Jewett said the county asked city leaders to consider an "indemnity and hold harmless" agreement that would excuse the county from paying legal fees. Dyal said the agreement is likely the fastest way to untangle the extension tie-up. Obituaries | Sports | Business | Classifieds | Tempo | Prime Times | So Oregon Sites | Outdoor Journal | Subscribe | Contact | Movies | Advertise | Real Estate Showcase | Archive | Editorials | Letters to the editor | Religion | Wake-up Call | NIE | Cyber Chef | Job Network | So Oregon Weather | WSJ Northwest | Forums | AP Wire | AP Money | F.A.Q. | Awards Ottaway Newspapers, Inc. The Community Newspaper Subsidiary of Dow Jones & Co, Inc Copyright �The Mail Tribune 2000, Medford, Oregon USA