Laserfiche WebLink
Attachment A <br />Proposed Decision Denying Claim <br /> <br /> <br />CITY OF EUGENE <br /> <br />DECISION OF THE CITY COUNCIL <br /> <br /> <br />IN THE MATTER OF A BALLOT FINDINGS OF FACT, CONCLUSIONS OF <br />MEASURE 37 (CHAPTER 1, OREGON LAW AND ORDER DENYING CLAIM <br />LAWS 2005) CLAIM BY: <br /> <br />Lane Plywood, Inc., <br /> <br /> Claimant <br /> <br /> <br /> <br />NAME OF CLAIMANT: Lane Plywood, Inc. <br /> <br />MAILING ADDRESS: Donald Joe Willis, Esq. <br />Schwabe, Williamson & Wyatt <br />th <br />1211 SW 5 Avenue, Suite 1900 <br />Portland, Oregon 97204 <br /> <br />PROPERTY IDENTIFICATION: Lots 1, 2, 3, 5, 9, 11, 12, 15-23, 24, 26-33 of <br />Pioneer Resources Business Park in the City <br />of Eugene <br /> <br /> <br />INTRODUCTION AND PROCEDURAL BACKGROUND <br /> <br />On October 19, 2005, Lane Plywood, Inc. (LPI or claimant) submitted a claim under <br />Ballot Measure 37 for waiver of regulations or compensation for the alleged reduction in fair <br />market value to a number of lots located in Pioneer Resources Business Park. In its original <br />claim, LPI claimed that it intended to use the lots for “commercial development and for the <br />placement of billboards.” By letter dated March 17, 2006, LPI amended its claim to assert that it <br />intends to use the property for “all forms of industrial, commercial, residential, signage, and <br />mixed use, in addition to the commercial uses and placement of billboards described in the <br />original claim.” LPI claims that the value of its real property has been diminished in the range of <br />$5 million as a result of amendments to the Eugene Land Use Code and Eugene-Springfield <br />Metro Area Plan (Metro Plan). LPI essentially alleges that any land use provision enacted after <br />it acquired these lots has the effect of restricting use and thereby diminishing the fair market <br />value of the property, and so it seeks compensation or waiver of regulations under Measure 37. <br /> <br />Page 1 of 9 <br />