Posted by Jonathan Maus (Publisher/Editor) on December 3rd, 2007 at 2:43 pm
[Updated: 11/3, 10:05pm]
As reported by Emily Gardner of the BTA on Friday, SK Northwest has filed an appeal with the Oregon Court of Appeals.
It seems SK Northwest, who wants to develop a riverfront parcel for their personal watercraft business, can’t accept a recent Land Use Board of Appeals opinion that the city’s demand for a trail across the property is justified (and constitutional).
Gardner is encouraging BTA members to take action and write City Council members to,
“thank the City for upholding the code which requires a trail on properties along the waterfront. Furthermore, urge them to uphold the decision of the hearings officer, specifically to find that the city codes are constitutionally correct, and to seek a solution that maintains the opportunity for a continuous trail along the waterfront.”
In addition to this appeal — which by my count is SK’s sixth so far — both sides are also discussing the technical issues around whether or not the proposed buildings encroach on the “Greenway setback” (the City says it does, SK Northwest says it doesn’t).
(Also on the SK Northwest side is the owner of the parcel in question, Wayne Kingsley (he also owns Portland Spirit). Shawn Karambelas (“SK”) has claimed that Kingsley is forcing him to fight against the trail as a condition of the sale.)
This case is coming up on its third anniversary, prompting one reader (whose been following it very closely) to write:
“It must be about property rights ideologies and ego now. The legal fees they are incurring as a result of these appeals must far exceed the cost of just building the trail. It’s sad that it came to this.”
A decision on this latest appeal should come in the next six months. Stay tuned for more developments and read past coverage here.