Court of Appeals says SK Northwest must build trail
Posted by: MichelleFeb 14 2008, 4:46 pm
Yesterday the Oregon Court of Appeals sent a little Valentine to Portland-area bicyclists when it affirmed that the Portland ordinance requiring a Greenway Bike Path across the land being purchased by SK Northwest (currently owned by the Portland Spirit) is constitutional.
This is the greenway trail that would ultimately connect the Springwater Corridor from where it ends just south of the Portland Opera to where it picks up again by Ross Island Sand and Gravel. SK Northwest, which sells and repairs jet skis and other motorized watercraft, and the owner of the Portland Spirit have been fighting this city designation tooth and nail.
The City of Portland and the BTA (represented by attorney Chris Cook) have been fighting this battle, defending the trail requirement as SK Northwest appealed it first to a city hearings officer, then to the Land Use Board of Appeals, then to the Oregon Court of Appeals. Cook applauds city staff and volunteers (Rick Nys, William Kabeiseman, Ben Schonberger) working on this case for producing a solid and detailed record through all of the earlier appeals, which made this latest decision possible.
From here SK Northwest could try and get this case heard by the Oregon Supreme Court, but the Supreme Court gets to choose which appeals it hears and which it declines. Alternatively, SK Northwest could sue the city for civil damages (i.e. money lost due to this ordinance) in federal court.
They have a lot of chutzpah, so while it seems unlikely that the Oregon Supreme Court would hear their appeal, or that they'd be awarded federal damages, they have repeatedly said that they're taking this "all the way."
It's hard to tell what will happen next. One thing we do know is that this case will go back to the City for a new ruling on some details related to where the top of the riverbank is, and that could have an impact on the ultimate outcome for the trail. So we'll be there with our lawyer. (If you're a BTA member, I guess she's your lawyer too!)
February 14th, 2008 at 6:31 pm
Thanks for the update! This story has definitely been one of the more interesting ones over the years. I plan on linking to your latest from the npGREENWAY blog.
February 14th, 2008 at 6:31 pm
Hooray for Chris Cook! You rock!
February 15th, 2008 at 5:38 am
I would like to see a City wide Boycott of the Portland Spirit. If the Owners do not want to participate in being good citzens of Portland, why should we support their business? They have taken their right to question the rules far beyond what a member of the Portland Community would. If they do not want to be good members, we shouldn,t want them!
February 15th, 2008 at 12:02 pm
Ironically, former BTA staffer Brita Johnson got married on the Portland Spirit!
The owners have had some disputes with the city that precede this, I think. And I think the fact that all bicyclists run the (very stupid) stop sign at the end of the esplanade, right by their drive way, really makes them nuts. A good reason to take out that (very stupid) stop sign.
But then, their zoning doesn't allow them to load and unload passengers at that location - and yet I see them doing that all the time! So much for following the rules.
February 18th, 2008 at 10:56 am
Would his opinion change if we all bought Segways from him? At $5 grand a pop, no wonder he hates bikes.
But I agree with PDX runner, don't want to be a good citizen of portland? Go somewhere else.
It never ceases to amaze me to see people who have no problems sucking up the benefits of societal costs/programs, such as the huge tax outlay we've endured to clean up the Willamette river to the point where it's (apparently) safe to use a personal watercraft on it, then out of the other side of their mouths decry the imposition of a 'common good' requirement like a bike path as a communist plot to trample their private property rights and empty their pockets.
Like it's fine that we all endure a huge tax burden to make their business viable, but how dare we expect them to be part of the community afterword. The river obviously only there for those who can afford to buy a boat from SK Northwest.
February 19th, 2008 at 1:32 pm
Michelle, did you actually say "They have a lot of chutzpah?"
very cool
February 19th, 2008 at 5:02 pm
This is great news. Thanks BTA. My membership dollars at work!
February 20th, 2008 at 7:55 am
Chris,
Good Job to you, the City, and volunteers (Rick Nys, William Kabeiseman, Ben Schonberger).
Is SK paying legal fees to you and the City? If not, your group should certainly pursue this.
February 26th, 2008 at 5:40 pm
A bit of Portland Spirit history, from Sam Adams' blog:
"Submitted by Dan Yates on Tue, 08/16/2005 - 10:11am.
I know the Bridge Pedal has become a big event, but it must be reined in some. Restricting access on all the downtown bridges for a few hours may not seem like a big deal, but it is chaos for anyone in business. We spend a lot of time warning our customers and employees about how to get around and then the Friday before the event the route changes again. A couple of hundred phone calls later we bring people up to speed…again.
A street is not open for cars if it is blocked off. Many people do not know that they need to ask to get around the barracades. Either a street is open or it is closed. We have a terrible time getting product, clients, and employees across Naito to the boat. Every year it is the same….uninformed volunteers protecting the cyclists from pedestrians. Our morning cruises really suffer because people do not want to hassle with blocked roads.
Sam,I know you want Portland to expand its use of bicycles, but please do not close down all the bridges again. We already have a lousy economy and bridge pedal is not helping. Keep the city moving and leave a couple of bridges fully functioning. Do not change the route the last week as it defeats the limited outreach that is already happening. If a street is barracaded do not count it as being open…it isnt. Downtown has enough of an image problem with shootings, high parking rates, aggressive pan handling, we do not need to make it impossible to get around in a car too. Remember…we have spent over a billion dollars on light rail and have added many miles of bike lanes, but over 90% of all trips still happen in a car. Keep cars moving at all times…as our economy relies on mobility. See you at Pagenat.
Dan Yates, President Portland Spirit"
http://www.commissionersam.com/node/319
February 26th, 2008 at 10:24 pm
This whole thing would make more sense if I knew where the Portland Opera is. If we're talking about the route between the "end" of the trail at the gravel place where you go around OMSI and thence north along the river, I think I understand. But I've taken that route so many times from Gresham that I thought it was always a part of the trail anyway. If it's somewhere else - where?
Dave