Kerby annexation upheld
From our weekly issue dated April 30, 2008
An appeal challenging annexation of 6.5 acres in Kerby by the city of Cave Junction for Manor Communities Development of California is invalid, based on action by the city council Monday night, April 28 in city hall.
With two votes of 5-0, with City Attorney Patrick Kelly providing advice, the council essentially denied an appeal filed with the state Land Use Board of Appeals (LUBA). The city’s annexation ruling for the property at 25267 Redwood Hwy. was remanded by LUBA because of the appeal.
The appeal was filed by Kerby resident John Bowler as petitioner, and Merlin resident Holger Sommer as
intervenor-petitioner. Neither were present Monday night, as Bowler was moderating a forum for county commissioner candidates, and Sommer was unavailable because of a medical condition.
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Both had asked that the remand hearing be delayed. Several other requests for delay also were received by the council.
Guided by Kelly during the lengthy hearing, the council made it clear that with its two approved motions it was not accepting new testimony, but using previous data that was incorporated in its original decision. Both motions to refute the claims in the appeal were made by Councilor Margaret Miller.
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A significant aspect of the council’s decisions Monday stem from the vagueness of what constitutes adequate police protection. That was a major point made in the appeal. But Kelly, underscoring the indistinctness of the requirement for level of service, advised the council that it could use its previous data validating that the need is met.
An additional key part of the council decisions Monday is based on the fact that voters denied funding for supplementary efforts by the county sheriff’s office. “The will of the people” indicates that they feel police protection is adequate, the council feels.
O’Brien resident Daniel Dalegowski and rural Cave Junction resident Joel Perkins wanted to speak to the matter. But Mayor Tony Paulson and Kelly advised them that under procedure for a remand hearing only Bowler and Sommer could testify.
The city will notify LUBA of its responses to the appeal. Bowler and Sommer then will have the option of a second appeal to the council’s decisions, said City Recorder Jim Polk.
