Iron Triangle to be resolved within 90 days, Greens to refile
CANYON CITY — A pair of show-cause hearings Friday, Sept. 26, for two writs of mandamus against the city of John Day has city administration wondering what’s next.
Nick and Morgan Green filed one write, and Iron Triangle filed the other.
The first hearing was brief, with attorneys for the Greens and the city agreeing to dismiss the case without prejudice. The Greens are demanding plan benefits based on an approved application from July 12, 2023.
They also seek a payment or credit for $7,354 in system development charges, structural permit approval, water meter installation at their property and the payment of all attorney fees, costs and disbursements.
The second hearing, involving Iron Triangle’s writ, included six witnesses and numerous exhibits. The company is seeking approval of the final plat for the second phase of the Ironwood Estates Urban Renewal Agency development.
A late motion to add the John Day URA to the Greens’ writ prompted the dismissal agreement.
Their attorney, Andrea Coit, said the amendment aimed to clarify all involved entities, noting blurred lines between the city and URA.
“They share a bank account,” she said.
Boyd denied the motion, noting the city and URA are legally separate, even if they share members. After a brief conference, legal counsel for the city and the Greens agreed to mutually drop the case without prejudice.
The Greens plan to refile their writ to include the URA.
Testimony in Iron Triangle’s case largely centered on two key issues: whether there are substantial deviations between the final and preliminary plats for Ironwood Phase 2, and whether former Public Works Director Casey Myers’ acceptance of the final plat means the city approved the plan.
Portland-based attorney Lawson Fite argued the plat met all approval conditions and the city had paid invoices for public improvements.
Witnesses Iron Triangle called included land surveyor Mike Springer and civil engineer Joe Hitts, who testified the city raised no concerns about adjustments to the final plat and similar changes were approved in a separate development known as The Ridge.
Consultant King Williams, also testifying for Iron Triangle, said no city objections were raised about changes to Ironwood Drive and invoices were paid, including one initially disputed and reduced by $9,000. Williams said the city’s refusal to sign the final plat has cost Iron Triangle lot sales, despite the public improvements being completed, accepted and paid for.
The city argued that changes between the preliminary and final plats were substantial enough to warrant a public process and Myers shouldn’t have approved public improvements unilaterally.
Associate Planner Henry Hearley, civil engineer Aaron Speakman of Dyer Partnerships, and City Manager Melissa Bethel testified for the city.
Hearley and Speakman testified the plats did not match and described the changes as significant. Both said some public improvements, including roads, water, sewer and storm drains were either unapproved or not built to standard.
Hearley noted Iron Triangle had submitted a modification request, but the city deemed it incomplete. He said the company still has time to submit additional details.
Speakman testified that 15 lots not part of the plat had sewer service, and the development’s sewer system would not meet Oregon Department of Environmental Quality standards without a redesign. He also cited erosion issues, a grade break on Ironwood Drive, and discrepancies between as-built plans and what is on the ground he noted during a March 11 site visit.
City Manager Bethel testified she had instructed Myers not to sign further documents. During the hearing, she was shown a document Myers signed without her knowledge. She questioned whether he was qualified to approve public improvements and said she should have authorized the signature.
Under cross-examination, Fite pointed to a letter from Bethel to Myers suggesting his acceptance of the improvements was not beneficial to the city.
In closing, Fite said Iron Triangle met all conditions for final plat approval and the city’s objections were inconsistent with prior practices. He described the city’s actions as a “last-minute bait and switch,” noting it had paid the full development agreement.
Hawkins countered that Iron Triangle’s modification request was open and deserved public input. He pointed to Springer’s testimony that such deviations between plats were rare in his 30-year career.
Judge Boyd said some shortcuts were taken and handshake agreements made while acknowledging the case’s complexity. Boyd also called the city’s initial approval of the final plat by one group and subsequent rejection of that plat at a later date by a separate group into question.
Judge Boyd said he would issue a decision within 90 days.