HomeMy WebLinkAboutCorrespondence Miscellaneous 4/14/2010 (2)
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L1MBIRD Andrew
From:
Sent:
To:
Cc:
Su bject:
Bill Kloos [billkloos@landuseoregon.com]
Wednesday, April 14, 20102:49 PM
Mary Bridget Smith .
Bill Wellard (bwellard@thechildcenter.org); Bill Kloos; L1MBIRD Andrew
FW: Child Center and Fees
MB: See below. Thought I would check in with you and see where the pieces are:
1. New and improved decision still in final draft form.
2. City and applicant are happy with revised cite plan for east entrance.
3. Fee issue is unresolved, and may be the subject of a refiled appeal to the Pc.
Do I have it right?
In whose court is the ball?
Thanks.
Bill Kloos
Law Office of Bill Kloos, PC
375 W. 4th Street, Suite 204
Eugene, OR 97401
Phone: (541) 343-8596
Fax (541) 343-8702
e-mail: billkloos<1lllanduseoreQon.com
Web www.LandUseOreQon.com
Please do not read, copy or disseminate this communication unless you are the intended addressee. This e-mail
communication may contain confidential and/or privileged information intended only for the addressee. If you have
received this e-mail in error, please call immediately at 541-343-8596. Also, please notify me bye-mail. Thank you.
From: Bill Wellard [mailto:bwellard@thechildcenter,org]
Sent: Wednesday, April 14, 2010 2:39 PM
To: Bill Kloos
Subject: Re: Child Center and Fees
Bill,
Andy Limbirdjust called me and wanted an update on our appeal. I told him that I thought we had reached a
resolution on all items but the fee issue. That this issue is still unresolved. He told me that he thought that the
fee issue was scheduled to be heard in May, but that because it is a financial issue it may go before the City
Council. He also said that if it goes to LUBA we may not get a full refund but a partial.
Bill
On Apr 14,2010, at 2:29 PM, Bill Kloos wrote:
MB:
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Date, Received:_'0Y/J01l>
Planner: AL I
Please see the attached freshly minted LUBA opinion on jurisdiction to review processing charges. This is a pretty
comprehensive review of the law, including a flagging of conflicts in the cases that need to get sorted out. (Lots of
future employment for lawyers here.)
But, as for the Child Center matter, I think LUBA is pretty clear that a dispute about filing fees that is resolved in the
context of a land use decision is something that does go to LUBA. See discussion starting at page 18.
I am advising my client, based on this, that if all issues are resolved, save for the fee issue, we can take that fee issue to
LUBA following the Planning Commission decision. (I do not have instruction to do that, at this point.) But given the
magnitude of the fees issue here, it is worth considering.
Bill Kloos
Law Office of Bill Kloos, PC
375 W. 4th Street, Suite 204
Eugene, OR 97401
Phone: (541) 343-B596
Fax: (541) 343-8702
e-mail: billkloos@landuseoreqon.com
Web www.LandUseOreqon.com
Please do not read, copy or disseminate this communication unless you are the intended addressee. This e-mail
communication may contain confidential and/or privileged information intended only for the addressee. If you have
received this e-mail in error, please call immediately at 541-343-8596. Also, please notify me bye-mail. Thank you.
<Montgomery v. Dunes City LUBA No. 2009-1254.13.201 O.pdt>
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Date Received:_~f)o..,,_
Planner: AL