State board supports Mosier in quandary over state quarry

The state Land Use Board of Appeals (LUBA) has ruled in favor of the City of Mosier in their long-running controversy with the Oregon Department of Transportation.

"My concern is that we not get complacent or feel like we have won the last contest in this battle," said Mosier Mayor Don Clarkson. "There are all kinds of appeal processes ODOT and HRSG can go through to prolong this, but it is heartening to have a state agency side with our opinions."

The controversy stems from a rock pit of over 50 acres, first acquired by ODOT in the 1950s. During construction of Interstate 84 in the Mid-Columbia, the pit was used extensively, but since that time, its use by the department has been sporadic, sometimes with gaps of whole years between uses.

In the early 1990s, ODOT notified the City of Mosier that they planned to reopen the pit as a regional rock source. Approximately two acres of the pit are within the Mosier city limits.

"They came to the city and asked how the city wanted them do it," said city attorney Dan Kearns in a statement to The Chronicle. "Did they want more flaggers, or to build a berm, etc. It was a case of `How do you want the deck chairs arranged?' with the underlying assumption that they had the right to do this."

The City of Mosier objected to that assumption. City ordinances do allow for previously existing ("grandfathered") nonconforming uses but that exemption is void if the use is lapsed for more than 12 months.

ODOT and the city have been at odds since then.

The matter went to mediation for 18 months in the mid 1990s. ODOT appealed to LUBA the first time, and Wasco County became involved.

After further proceedings, the matter was remanded to the City of Mosier for more work. The city ultimately reaffirmed their decision that even if ODOT were granted the right to extract rock from the portion of the pit in the county under county rules, ODOT could not haul that rock out on the access road that runs through the city, if city regulations forbid it.

Earlier this year ODOT appealed that ruling to LUBA on four grounds and this time, in the words of attorney Dan Kearns, "LUBA read the merits" of the city's position and denied all four of ODOT's appeals.

ODOT now has 21 days to appeal LUBA's decision to the court system or accept it.

"When we do finally win," said mayor Don Clarkson, "it will be by our own resources also. No one. Not one agency, jurisdiction, group, or entity has helped us on this. There are several groups that I should have thought would be interested in preserving the beauty of the Gorge and the health and safety of Mosier area citizens, but to date not one has shown up. This expensive fight has been fought with a very few private citizens, most notably Gay and Mac Jervey, and the Mosier City Council. I think the Jerveys and the Council stand as encouraging David and Goliath symbols for us all, and represent the power of the individual and the lesson of the value of personal courage and integrity."