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Neighbor eyes last-minute suit Mail Tribune / Drew Fleming Dennis Donahue, who owns a home next to the Ashland Library, says he will sue the city to stop the library's expansion because it will block his view of Grizzly Peak and splash more sunlight onto his property. Three trees, including the celebrated ginkgo tree that remains now only as the stump seen here, were cut down early Tuesday. Construction on the project, twice approved by voters, is likely to begin Monday. Old Ashland library tree comes down; new protest goes up By TONY BOOM ASHLAND - Just as construction is set to begin, a neighbor is vowing to sue the city to stop a voter-approved library expansion project. Worried that he will lose his view of Grizzly Peak with the 16,000-square-foot addition to Ashland's county library branch, Dennis Donahue may sue for loss of enjoyment of private property. Donahue, who lives across an alley from the library, said Wednesday that he has consulted with two attorneys. He also is unhappy over the loss of shade and potential solar reflection from the new building. He'll also miss a 100-year-old ginkgo tree and other large trees that were cut early Tuesday morning. Tree will still have several uses The Ashland Library's celebrated ginkgo tree - cut down Tuesday to make room for the library's expansion - won't go away. It will be reborn in a different form, according to the city's mayor. A picture of the ginkgo tree will be in the library when renovation and expansion is complete. Wood from the tree will be used to frame the picture. "A couple citizens came forward ... to make sure that the lumber (is) utilized in the library," said Mayor Alan DeBoer. The city will find out if it can be turned into dimensional lumber and also explore what local artists can create with it. It may also be used for benches in the library. Two other trees, one a Douglas fir, have commercial value. The city is talking with John's Pruning Service, which cut the trees, to determine their use. Wood from the ginkgo is at a storage yard in Eagle Point. "It's a sad thing to see the trees come down, but the voters approved it," DeBoer said. "It's very disruptive to have one thing and then another that will look like a cheap hotel," said Donahue. The city's mayor said critics have had every opportunity to have their say on the library project through the many public meetings and two votes on the project. A suit would be the latest complaint against the project that has twice been approved by voters. Critics are unhappy about parking arrangements, loss of trees and what they say is a lack of information about the project prior to the votes. The ginkgo and two other large trees were cut down about 6:30 a.m. Tuesday. City officials used the early hour to avoid danger to potential protesters. Only a few people were present. Tuesday afternoon, brothers Eric and Ryan Navickas were arrested by Ashland police for obstructing government administration. They occupied trees at the site to prevent further cutting. Donahue plans to contact Oregonians in Action, a property-rights advocacy group in Tigard, to see if the group is interested in joining a suit. He talked to the group three months ago about issues involving the library. He said he would use a private attorney if the group doesn't participate - which appears likely. Oregonians in Action Executive Director Larry George said his group typically doesn't deal with neighbor-to-neighbor issues. "We deal primarily with use restriction issues," said George. "When a city does something like this, it is a squabble between two neighboring landowners." Attorneys that Donahue consulted told him that he has already missed deadlines for filing appeals on land use actions related to the library expansion's approval. Donahue said the new building will block his view of Grizzly Peak entirely from the first floor of his home and partially from the second floor. Ashland has no ordinances that cover view protection, said city planner John McLaughlin. A solar access ordinance sometimes protects views, he noted. Before gaining approval from the Planning Commission, expansion plans were reviewed by the city's tree and historic commissions. No one appealed the approvals to the City Council, said McLaughlin. Donahue said he participated in the process from the beginning. He feels the library should have been relocated or scaled down. "People need to get involved in the planning process and pay attention to notifications in newspapers and signs on property," said Mayor Alan DeBoer. "The council is very clear in its direction on the library. There's times to be heard and times to move on. "People are always free to sue but the process has been a public process." Adroit Construction will probably begin work at the site on Monday. The firm was the low bidder for the $4.2 million construction phase that will add 16,000 square feet to the library. It has 16 months to complete the work but has set a July 31, 2002, completion date. The library will remain open during most of the construction. 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.