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CLOUDY Temp: 57 °F Wind: S at 4 mph Saturday, August 3, 2002 SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics AP News Weather Classified Archives Site Map EXTRA Cyberchef E The People Golf Job Network Headbone Zone Wellness Connection Movie Times Newspaper in Education Oregon CarZone Outdoor Journal Personals Prime Times Real Estate Tempo A & E TV Times W3 Magazine CLASSIFIEDS Find a Car Find a Home Find a Job Find Everything E SOUTHERN OREGON Destinations Automotive Communities Employment Entertainment Publications Real Estate Recreation Shopping Calendar ABOUT US FAQ What's New Advertise Home Delivery Classified Ad Contact Us Media Kit Jobs @ Mail Tribune Email Story to a Friend July 16, 2002 A road paved with bad intentions? That’s what some Eagle Point residents say about the access route on property owned by the town’s former mayor Dave McFall By DAMIAN MANN Mail Tribune EAGLE POINT — As roads go, Laura Street is nothing but a spit of asphalt that leads nowhere. But this stub of a street in the new Butte Crest Unit No. 10 Subdivision has become the focus of a debate that has pitted residents against developers, the City of Eagle Point and the school district. Noama Castleberry, who lives on nearby Ridgeview Drive, said Eagle Point "still has a small-town mentality where the good old boys run roughshod with a wink-wink, nod-nod." A petition signed by 23 residents of Ridgeview Drive asks the developer, Crown West Developments, to support them in getting rid of the road. Like her neighbors, Castleberry feels misled in not knowing the lot, owned by former Eagle Point mayor Dave McFall, would become a thoroughfare as part of a proposed subdivision called Angel View and as an access road for the school district. McFall lives on a 5-acre parcel just to the north of Laura Street. McFall, a partner with Joe Kellerman, city attorney, in Winfall, LLC, received approval from the city in January to create Laura Street and develop the five acres on Barton Road. As part of the development, Crown West gave McFall the ability to extend Laura Street in order to connect with his Angel View parcel. Two couples on Ridgeview — Brian and Michelle Rogers and James and Peggy Laybourne — have filed a lawsuit alleging the city did not mail them the required notice of a January public hearing on the matter. They contend the city and developer did not inform them about the street or the potential Angel View Subdivision. "Everybody we talked to said, ‘Nobody knew this road was going to be there,’ " said Michelle Rogers, whose house faces Laura Street. Castleberry said, "It was an illegal street and it is supposed to come out." Wilbur Diller said he moved into his Ridgeview home on March 22 without any idea he would have a thoroughfare up the street. "When we signed the papers, the road was not in," he said. "When we moved in, the road was in." The road is not shown on city plat maps. Debbie Minder, attorney for the Rogerses and the Laybournes, said the city’s approval of the street has been appealed to the Oregon Land Use Board of Appeals. Minder said that while the road was under construction, her clients made an unsuccessful bid to stop it. In documents filed with LUBA, the property owners claim, "Mr. McFall was given notice on Wednesday, March 6, 2002, by our attorney, Debbie Minder, to stop construction on Lot 203. Mr. McFall worked as fast as he could after that to get the asphalt laid on his lot." Neighbors say the road is being used by McFall as access to his house and by other vehicles on Barton Road. "How do you settle a case when there is the blatant use of that road?" said Minder. City Administrator Dave Hussell, who said the road is not open for public use, said all the rules were followed in allowing the road and subdivision. He said that prior to the public hearing on Jan. 15, 2002, the city believed the Rogerses’ and Laybournes’ lots were still owned by Crown West, a partner with Pacific Crest Properties, Inc. "We sent out notices to all the owners of record," he said. "They (the current property owners) weren’t the owners of record at the time." The planning department conducted a public hearing on Jan. 15 and again on Jan. 22. "Both of them (McFall and the developer) have the right to develop property and have done it under the provisions of the law," said Hussell. "It’s no different than anybody else." In an affidavit filed with Jackson County Circuit Court, Gary Whittle, president of Pacific Crest, said, "In drafting the CC&Rs (covenants, codes and restrictions) it was never my intent to restrict the construction of a residential street. "To the contrary, residential streets are necessary for the development of a residential subdivision." Bill Fowler, attorney for the McFalls, said he couldn’t comment on any aspect of the case. McFall also said he wouldn’t discuss the lawsuit. Whittle and his attorney were both out of town and could not be reached for comment. Reach reporter Damian Mann at 776-4476, or e-mail [email protected] School District might exercise eminent domain to use the street The Eagle Point School District might exercise its right of eminent domain to use Laura Street as an access for its new middle and elementary schools. "After the lawsuit, it threw a monkey wrench into the district’s project," said Tim Gerking, an attorney who represents the school system. The district, which purchased 27 acres behind the Butte Crest subdivision, wants the disputed road as one of two accesses required for the schools. The parcel is located between Reese Creek Road and Laura Street and abuts a five-acre lot owned by Dave McFall, who is also the district’s project manager for school construction. The district wants to use Laura Street for vehicle and pedestrian access and allow buses to enter and exit at Reese Creek Road. With litigation looming, the district is considering exercising eminent domain proceedings to condemn Laura Street in the public interest, said Gerking. A public hearing will be held at 7:30 p.m. on July 30 in the Eagle Point City Hall Council Chambers, 17 S. Buchanan, to discuss the district’s project. Gerking said the district also could choose to create another access to the 27 acres through Westminster Drive if it decides not to use Laura Street. But he said choosing this access would cause the project to go over budget and lead to safety issues and parking problems. School District might exercise eminent domain to use the street The Eagle Point School District might exercise its right of eminent domain to use Laura Street as an access for its new middle and elementary schools. "After the lawsuit, it threw a monkey wrench into the district’s project," said Tim Gerking, an attorney who represents the school system. The district, which purchased 27 acres behind the Butte Crest subdivision, wants the disputed road as one of two accesses required for the schools. The parcel is located between Reese Creek Road and Laura Street and abuts a five-acre lot owned by Dave McFall, who is also the district’s project manager for school construction. The district wants to use Laura Street for vehicle and pedestrian access and allow buses to enter and exit at Reese Creek Road. With litigation looming, the district is considering exercising eminent domain proceedings to condemn Laura Street in the public interest, said Gerking. A public hearing will be held at 7:30 p.m. on July 30 in the Eagle Point City Hall Council Chambers, 17 S. Buchanan, to discuss the district’s project. Gerking said the district also could choose to create another access to the 27 acres through Westminster Drive if it decides not to use Laura Street. But he said choosing this access would cause the project to go over budget and lead to safety issues and parking problems. Printer Friendly Version Email Story to a Friend Subscribe Archive: Click to Search Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright 1997-2002 Mail Tribune. All rights reserved. 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