Appeals court to weigh armory case.

Byline: JOE MOSLEY The Register-Guard

Opponents of a plan to build an Oregon National Guard armory near Lane Community College have gone to the state Court of Appeals in a bid to overturn a local judge's ruling two months ago that the proposal complies with land-use laws and can go forward.

This week's appeal is the third by the Russel Creek Neighbors Association on a site review permit issued to the state Military Department to allow construction of an armed forces training center on the 35-acre, mixed-zone site. The neighborhood group appealed first to a Lane County hearings officer and then to the county commissioners.

"We're saying, basically, that (Circuit Court Judge Lyle Velure's) approval violates substantial provisions of Lane County land-use regulations," neighborhood association President Craig Shelby said Wednesday.

"We're confident the (appeals) court will find the county erred in reaching their decision, and that decision as it was upheld by the judge also was in error."

Velure ruled in December that plans for the 122,000-square-foot armory are compatible with the surrounding area's mix of residential, commercial and educational properties. He agreed with county Planning Director Kent Howe's assessment that a shopping mall would be allowable at the site under current farm and commercial zoning, and the armory is similar in scale to a shopping mall.

However, opponents continue to maintain that the armory - which would include classrooms, an assembly hall, an indoor firing range and a vehicle storage and maintenance center - is inconsistent with existing property uses along McVay Highway.

The Russel Creek neighbors contend in their appeal that Velure and the county have overlooked the fact that the area lacks adequate city services - such as a sewer - to support such a large-scale development, and that armory activities would worsen traffic that already clogs the area during busy periods.

The land-use case landed on Velure's lap when the Military Department took the unusual step of filing a writ of mandamus, seeking court intervention because the county had not acted on the department's site review application within thye time prescribed by law.

Land-use cases rarely go through circuit courts in Oregon, instead following a course that goes from county planning officials to the state Land Use Board of Appeals and then to the Court of Appeals and potentially the state Supreme Court.

Opponents said Wednesday they would have preferred the more conventional route for the case but are confident their arguments will resonate with the appellate judges.

"They do have experience with land-use issues," said Eugene lawyer Dan Stotter, who is representing the neighborhood group.