LID off for north CJ’s projects
From our weekly issue dated November 21, 2007
A proposed Local Improvement District (LID) affecting the north end of the city of Cave Junction has been put on indefinite hold, according to official sources.
The LID has been a controversial issue for the city government since proceedings began. The LID is designed to spread the cost of necessary improvements to Redwood Hwy. to allow the developments that have been taking place to the north of town in the vicinity of Illinois Valley Golf Course.
LID petitioners -- Manor Communities Development LLC, Illinois Valley Development, and Siskiyou Community Health Center among others -- included other property and business owners in the LID who do not feel they would be beneficiaries of the highway improvements.
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One of those property owners is the Versteeg Family Trust LLC, which owns a 24.88-acre parcel of land designated a tree lot. The trust hired the law firm of Hornecker, Cowling, Hassen & Heysell LLP, of Medford, to challenge the legality of the LID on several points. (See last week’s on-line article, which also is in this issue). It was this legal challenge that prompted the city council to turn the issue over to City Attorney Patrick Kelly, of Grants Pass.
During the city council meeting Tuesday night, Nov. 13, Larry Osborn, manager of Manor Communities Development, said that the petitioners were reviewing options. City officials confirmed that an amended petition is in the works. It was stated that a new petition would include only those who supported the LID.
Some say that the legal challenges raised by the law firm appear to be unaddressed by this action. According to a letter sent to City Recorder Jim Polk, Hornecker et al. states that the city can only be involved in an LID if the city itself is conducting the improvements.
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The Oregon Dept. of Transportation is the agency directing the improvements on Redwood Hwy. and therefore, according to the letter, the city has no jurisdiction in the matter. To further complicate the issue the land is county property and is not in the city limits. The contention is that the county needs to be involved in the process, which has not happened thus far.
Some questions also have been raised concerning agreements among the petitioners that would put a cap on the amount of liability attached to certain development companies. These agreements were not made known to the city council by the petitioners until the legal challenge from Versteeg Family Trust lawyers.
No further action has been scheduled by the city council on the LID until an amended petition is received.
