By Brian Hoop
A suit was filed December 3 seeking judicial relief via the Circuit Court of Oregon to clear the remaining barriers to allow construction to proceed for the Willamette River Greenway Trail. The project is a federally funded effort to create a riverfront park area to serve the residents of Linnton. It would be accessed from NW 108th Ave, adjacent to the recently constructed migrating salmon refuge open space.
According to Noel Johnson, the project’s development manager, all tasks in this two year effort, including engineering, design and construction contracts are ready. The final hold-up is two-fold: George Webb’s firm – Babcock (aka Harmer Steel) is refusing to abide by a condition of approval he proposed and accepted in 1998 when redeveloping the site for its current business use. Concurrently, the City’s Parks Bureau is refusing to enforce its laws and is refusing to process the project’s permit.
After a year of direct conversations between the parties resulted in no progress, the project this fall retained the law firm Lane Powell to research how the project could proceed via the judicial branch, given the City administrative branch’s obstinance and its legislative branch’s indifference. Concurrently, the project also engaged law firm Radler White Parks Alexander to negotiate with Mr. Webb’s lawyer’s from Miller Nash as well as with City staff with the aim of finding a way forward. Mr. Webb was unyielding and City Parks staff refused to even meet with the project’s lawyers.
Design implications if the judge determines the trail’s location should be located where Mr. Webb’s unapproved topographic site alterations caused a riverbank failure (and need for a structured portion).
As of January 7th, neither Mr. Webb nor the City have responded to the suit in substance. Accordingly, the project’s lawyers are preparing motions for default. This will allow the Judge to resolve key questions relating to: the precise location of the trail, the community’s right to enjoy it, Mr. Webb’s illegal behaviors and the damages caused, as well as City staff’s obligations to both enforce and follow City laws instead of personal opinions.
Examples of Mr. Webb’s behavior, which have and continue to damage the project, include his past unapproved filling of the site, which created unstable topography leading to the collapse of the riverbank, his failure to plant and maintain native landscaping as well as his placement of piles of rusted steel and fencing to obstruct access. An example of the City’s failings include how staff took no action to address a formal code compliance complaint submitted years ago. The Project is asking the judge to recognize the damages caused by George Webb and the City, which are expected to range from $1M to $3M, depending on the Judge’s findings.