Wednesday

October 7, 2009 - OnTrack Project's Back On Track

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A $28 million residential complex for former drug addicts who are firmly on the road to recovery could start taking shape next year following an Oregon land board's rejection Friday of an appeal by east Medford neighbors.

The Land Use Board of Appeals ruled a property owner, Louis Duenweg, failed to file the appeal in a timely manner against the city of Medford for the OnTrack Inc. proposal. The appeal was filed on April 10, about four months after controversy erupted over the proposed residential community, LUBA determined.

"There is nothing stopping us from continuing," said Rita Sullivan, director of OnTrack. "It was a strong LUBA decision."

Opponents of the project vowed to appeal the ruling Tuesday, but Sullivan said she still expects her agency will go forward with the project and line up the financing by next year to start construction in April.

OnTrack proposes a 6-acre development, known as Generations, which would have 104,281 square feet of buildings, including 81 dwellings, commercial space and a 5,000-square-foot day-care center. The development would include 19 homes for families with one or more members who had gone through treatment for substance abuse and who had a proven record of social responsibility. It would be located on Harbrooke Street just east of North Phoenix Road.

The other residents would be seniors who would act as mentors, providing a 3-to-1 ratio of mentors to former patients. In addition, there would be counselors on the site.

Duenweg was chosen to represent property owners because he lives in Etna, Calif., and first learned of OnTrack's plans on March 14. Under Oregon law, an appeal could be warranted if a property owner finds out about a land-use decision late in the process.

"We're going to keep on fighting it," said Duenweg. "We're just beginning."

Duenweg said he bought property near the proposed development about six months before neighbors were aware of the project. He intends to build a house on the property.

He's worried that his property values will be affected and that crime will spill over from the project. He said he's scrimped and saved to buy the property and will have to build the house on it.

"What choice have I got now?" he asked.

In its decision, LUBA stated that even if Duenweg chose to be absent from the city and was unaware of the project for so long, that wouldn't be sufficient reason to uphold an appeal, particularly because the project and controversy were well-publicized.

Generations will offer housing primarily to women who have been free of drugs for at least two years. Most of these women will be joined by at least one or two of their children.

Melissa Bauer, a White City mother with two children, is someone who would likely qualify to live at Generations.

Despite her previous methamphetamine abuse, the 33-year-old said there would be so many safeguards and so much accountability in the Generations program that neighbors shouldn't be alarmed.

"I can't see it being a danger," she said.

Almost two years clean, Bauer said it is easy for her and other recovering addicts to pick out someone who is using.

With seniors, counselors and other OnTrack employees on site, the residential complex would be well-supervised, said Bauer.

She now works two jobs to manage her bills. She said she is not proud of her past, having used methamphetamine while pregnant with a daughter who's now 5. She said her daughter doesn't appear to have developmental problems.

"What I did was horrible," she said. "I devastated my whole family."

Sullivan said OnTrack has a history of running its recovery centers without problems, a statement supported by arrest records compiled by the Medford Police Department.

She said OnTrack chose the Generations site because it was close to facilities such as a hospital and shopping center that could be used by both the seniors and clients. She said she expects to have bus service in the future.

Neighbors already have paid a $15,000 retainer to hire Medford attorney Mark Bartholomew as they vow to continue fighting the project.

"This isn't over," said Stephanie Reed of the Southeast Medford Citizens Organization. "I assume we will be appealing it."

She said OnTrack and the city didn't present the development in an honest and forthright way. She said neighbors should have been notified about the project beyond just the 200-foot radius. It was also not represented as a place that would house people who have gone through addiction-recovery programs, Reed said. LUBA noted in its decision that Medford only is required to send notification to property owners who are within 100 feet of a proposed development.

Reed said, "This is an experimental program, combining two groups of people that have never been combined before."

Neighbors don't believe there are enough safeguards and scrutiny of a project that could have profound risks for her neighborhood.

"This project is ill-conceived," Reed said. "The scale of it is too grandiose."

Reed said she thinks the project has many issues and her group will pursue many avenues to put a stop to it.

"We don't intend to just step aside and say, 'oh well,' " she said.

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.



October 6, 2009 - Arrest Hit Heroin Network Hard

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Medford police say a major blow has been dealt to the heroin trade locally after a multi-agency investigation led to the arrest of 22 suspected drug ringleaders Sunday morning in Jackson County.

"We cut off the head of the snake," said Medford Police Chief Randy Schoen.

Officers from the FBI, the U.S. Drug Enforcement Agency and other local and state agencies seized about 2 pounds of high-grade, smokable heroin from 2101 Whittle Ave., Medford. That amount could have a potential street value of $90,000. Officers also found lesser amounts of the drug at other locations.

Schoen said that the outcome of the two-year investigation likely will cut the amount of heroin available on the street by more than half.

One of the alleged main distributors of heroin locally, Ismael Anaya-Acevedo, 27, was arrested by the U.S. Marshals Service at the Whittle address on federal conspiracy charges.

U.S. marshals arrested another suspect, Eliot Aden Delavirgen, 33, on federal charges of conspiracy to distribute heroin. He also was charged with attempted assault, harassment, criminal mischief, endangerment and strangulation.

Both Anaya-Acevedo and Delavirgen are in federal custody without bail.

The pair appeared before U.S. Magistrate Judge Mark Clarke in Medford Monday. An indictment returned by a federal grand jury alleges they were part of a criminal conspiracy to possess and distribute heroin and seeks forfeiture of proceeds from heroin trafficking and the property involved.

Detention hearings have been set Wednesday for Anaya-Acevedo, aka "Chivo," and Oct. 13 for Delavirgen, aka "Alex."

In Jackson County, 14 search warrants were issued as part of the investigation, 11 in Medford alone. At three locations — Whittle Avenue, the 5200 block of Pioneer Road near Phoenix and the 4600 block of Antelope Road in White City — SWAT teams were used.

Other suspects taken into custody throughout the county are charged with a variety of crimes, including possession of heroin, methamphetamine and methadone as well as sex abuse, endangering minors, manufacturing and distributing heroin within 1,000 feet of a school and parole violations.

Neighbors thought they heard gunshots when SWAT teams conducted the raids at about 6 a.m. at Whittle and Pioneer, but Schoen said they used a device that produces a flash and a loud bang. He said no shots were fired during the raids and no one was injured.

Schoen said that from the street, the Whittle house at the corner of Roberts Road, decorated for Halloween, looked normal, but after entering he said a trained police officer would notice something was amiss.

"Your nose would have told you that you were in a drug house," he said.

Heroin, long considered an intravenous drug, has become more accepted because the improved quality allows users to smoke it rather than inject it. The drug is considered highly addictive in either form.

Over the past year, local law-enforcement officers have noticed an uptick in heroin usage, thought it hasn't surpassed the popularity of methamphetamine or marijuana.

Cases in which heroin was found during an arrest more than doubled this year in Medford, from 26 in all of 2008 to 55 through Sept. 30 of this year.

"We're seeing more and more people using heroin, particularly young people," said Rita Sullivan, director of OnTrack Inc., a drug rehabilitation center.

Many heroin users start out taking prescription painkillers such as oxycodone or OxyContin. When their prescriptions run out, they sometimes turn to heroin, Sullivan said.

Younger people also are trying these prescription drugs out of the home medicine cabinet, Sullivan said.

A new law passed by the Legislature this year will allow for greater monitoring of prescriptions even if a person goes to different drugstores as a way to curb the rise in addiction. The law will start in January 2010.

Laws restricting the purchases of pseudoephedrine, used for allergies, have helped curtail the supply of methamphetamine in Oregon. As a result, methamphetamine is more difficult to get, and some people with strong addictive behaviors will turn to the most readily available drug. "Drug users sometimes say, 'We might seek what we like, but we will use what we can get,' " Sullivan said.

At OnTrack, the goal is to get people free of taking all drugs because of this addictive behavior, she said.

Evidence that heroin is more popular has come from law-enforcement agencies, the increased caseload at the county methadone clinic and more clients who seek help at OnTrack for heroin addiction, she said.

Dr. Jim Shames, county medical officer, said the methadone clinic in Medford had 50 clients about 20 years ago. When the clinic was turned over to a private company two years ago, there were about 200 patients. Today, there are about 425 patients, said Shames.

"We have certainly seen an upsurge in heroin use," said Shames. "After this bust we will certainly see a diminution in heroin use."

Methadone patients seek treatment for addiction to opiates, whether the opiates are prescription drugs or heroin.

Mark Huddleston, Jackson County district attorney, said the arrests came after a long, arduous investigation coordinating local, state and federal agencies.

He said he is confident there is enough evidence to support the charges levied against the suspects.

He said he couldn't speak specifically about suspects who have been in and out of the local jail, but hoped the federal charges being levied against some of them would mean more prison time if they're convicted.

Schoen said many residents in Medford might be aware of suspicious behavior but don't alert authorities.

"People have to have some responsibility for their neighborhood," he said. "They should not be tolerating this type of behavior."

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.



Monday

22 Arrested In Suspected Heroin Ring

By Damian Mann
Mail Tribune

MEDFORD — SWAT teams led a force of 160 federal, state and local law-enforcement officers early Sunday to break up a massive heroin ring centered in Jackson County that resulted in the arrest of 22 suspects.

The FBI, the U.S. Drug Enforcement Administration, Medford police, the Jackson County Sheriff's Department and other agencies issued 14 search warrants — 11 in Medford alone — as the culmination of an investigation that began December 2007. A search warrant was issued in Gold Hill and two others were issued in rural areas.

Investigators allege the drug-trafficking ring has ties to other states as well as the surrounding region including Josephine, Douglas and Klamath counties. More arrests could be made later, according to Medford police.

U.S. Marshalls arrested two of the suspects, Ismael Anaya-Acevedo, 27, of the 2000 block of Whittle Avenue and Eliot Aden Dela-Virgen, 33, of the 4600 block of Antelope Road, White City, were charged with conspiracy to distribute heroin, a controlled substance and a federal crime. Anaya-Acevedo and Dela-Virgen are being held in Jackson County jail without bail.

Other suspects taken into custody throughout the county are charged with a variety of crimes such as possession of heroin, methamphetamines and methadone as well as sex abuse, endangering minors, manufacturing and distributing heroin within 1,000 feet of a school and parole violations.

Neighbors near Whittle Road heard what they described as the sound of two gunshots around 6 a.m. as the SWAT teams descended on a house that previously had aroused the suspicions of local residents.

"They woke me up," said one 76-year-old neighbor, Bud Elton. "I heard a boom, boom."

Elton, who wasn't sure if an officer had fired blanks, said he and other neighbors had noticed people coming and going at all hours of the night at the house where the arrests were made.

"Everybody in the neighborhood had some suspicions," he said. "It didn't seem like normal activity to me."

He heard a loudspeaker alert people in the house that Medford police officers were outside.

Because it was still dark, Elton couldn't make out what the officers were doing, but he did see some children escorted from the house.

"The sad part of the whole thing was the two little girls over there," he said.

Elton said he was not sure how many were arrested at the house.

According to the Medford police, the other suspects arrested throughout the county are Jessica Leeann Lapizco, 24, of Medford; Austin Hernandez, 23, of Medford; Demetrio Hernandez, 25, of Medford; James Nero, 58, address unavailable; Taffy Nero, 53, address unavailable; Jerret Michael Hooey, 21, Talent; Jesse Sorensen, 26, of Medford; Anthony Aaron Albert, 46, of Gold Hill; James Bryant Hurley, 47, of Gold Hill; William Sanders, 35, of Medford; Jodi Potteiger, 28, of Medford; Ronald Coutee, 54, of Medford; Heidi Marie Barosci, 52, of Medford; Ronald Nicholas Mistretta, 52, of Medford; Warren Alexander Rich, 25, of Medford; Erica Ann Lapizco, 31, Medford; Robert Allen Baldwin, 47, Medford; Garalee Janiece Frank, 29, of Medford; Christopher Sheehan, 38, of Medford; and Victor Antonio Solis, 22, address unavailable.

The arrests resulted from an investigation by the FBI and the Medford Area Drug and Gang Enforcement Team.

Law-enforcement agencies set up bases of operation at three locations, in the 2100 block of Whittle Avenue in Medford, the 4600 block of Antelope Road in White City and the 5200 block of Pioneer Road near Phoenix.

A neighbor on Pioneer Road, 59-year-old Diane Loyd, said she couldn't sleep and got up about 6 a.m. At first she thought she heard animal sounds, then realized it was a person's voice.

"All of a sudden I heard a bang and wondered — could it be a car that backfired," she said. "My instinct told me it was like a .22."

As she opened the front door, she heard what sounded like a police officer's megaphone and somebody saying, "Get down on the floor."

A few minutes later Loyd and her husband saw a big truck rolling down the road.

Loyd said she was not sure which property the noise was coming from.

Medford Police Lt. Tim Doney said he couldn't reveal any additional information about the case, which is being handled by the U.S. Attorney's Office and Jackson County District Attorney's Office. The amount of heroin recovered during the arrests was not disclosed.

Some of the suspects have been arrested previously in Jackson County.

Jerret Hooey was arrested in June 2008 on an indictment charging him with manufacture of cocaine, delivery of cocaine, possession of cocaine, possession of MDMA and a parole violation. In October 2007, Hooey appeared in Jackson County Circuit Court on an indictment charging him with manufacture, possession and delivery of cocaine, possession of ecstasy and failure to appear in court. He was booked into the Jackson County Jail and released Sunday on his own recognizance.

In February 2003, Heidi Barosci appeared in Circuit Court on an indictment charging her with possession of amphetamines.

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.




October 2, 2009 - Proposed Water Park Leaves Emigrant Lake Waterslide Up In Air

By Damian Mann
Mail Tribune

A proposal to build a water park in Medford has cast a shadow over the fate of an aging county-owned waterslide at Emigrant Lake.

"We're resigned to the fact that a nice water park in Medford would have a negative attendance at the Emigrant Lake waterslide," said John Vial, director of the Jackson County Roads and Parks Department.

Medford City Council members gave final approval Thursday on spending $300,000 to study the feasibility of building a water park at Bear Creek Park.

If built as suggested in 2012, the city water park has the potential to draw visitors away from the 280-foot long slide that dates to 1984.

Over the past four years, the waterslide operation has struggled to remain profitable, failing to generate enough money to pay for itself in two of those years. The total profit is $32,156 over the four-year period.

"We're operating on some pretty slim margins," said Vial.

County officials already had been contemplating the slide's future because of its age and the cost to improve it, while watching attendance levels drop from 21,926 in 2005-06 to 14,883 in 2008-09. At the same time, the county hopes to make its parks financially self-sufficient.

"We're facing a decision on the waterslide no matter what the city of Medford does," said Vial.

Pricing at the slide also could be a problem. The county charges $6 during the week and $7 on the weekend for a 1.5-hour ticket.

Other water parks that feature extensive amenities cost anywhere from $5 to $20 a day — two water parks in Northern California are on the higher end of the scale.

The Medford water park could pay for itself and even generate a substantial profit for the city, depending on admission prices. Additional revenues could come from concessions and rentals.

Vial said the slide has been popular in past years, so the county will analyze whether it should upgrade the facility or find some other use for the space at Emigrant Lake, near Ashland.

"It has served the county very well," he said.

However, he doesn't expect to make a decision on the fate of the slide for two or three more years.

Despite the potential for a loss in attendance at the slide, Vial said a state-of-the-art water park in Medford would be a boost for the valley.

Brian Sjothun, Medford's parks and recreation director, said it's not fair to compare the waterslide with the water park.

"The facility we're talking about is much different," he said. "The waterslide is a totally different attraction that was built in the 1980s and the county never updated it.

The city water park could include slides, a lazy river, family beach areas, splash pads and a wave machine.

A proposed site for it is in Bear Creek Park, where an existing dog park and BMX track are located. The city would relocate those as part of the project.

The Hawthorne Park pool would be closed, while the more heavily used pool at Jackson Elementary would remain open.

Sjothun said if the county had updated the waterslide and added modern features, the city would have been more reluctant to look at building a water park.

Even so, he said, if the county made some improvements, it's possible that both facilities could be successful.

Sjothun said the city isn't trying to compete with the county, but is attempting to develop an attraction that would be beneficial to the largest urban center in the region.

"The last thing I want to do is have a negative impact on Jackson County parks because they need to be self-sufficient financially," he said.

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.





October 1, 2009 - Locals With Ties to Somoa Try To Reach Loved Ones

A devastating earthquake and tsunami in Samoa have sent shock waves through Jackson County as relatives with ties to the remote South Pacific islands worry about loved ones.

"Our hearts go out to those folks," said Jackson County Commissioner Dave Gilmour.

Gilmour and his wife, Sera, who was born in Samoa, have not heard from relatives after high waves swept over the coastline early Tuesday. One of their relatives managed to get through to Sera's brother Pati Mekuli, who lives in the village of Lotofago, which had sketchy phone service before the tsunami.

Luckily, Lotofago was moved inland to about 200 feet above sea level in the 1970s. "That probably saved that village," Gilmour said.

The tsunami hit early in the morning just after the earthquake, and Gilmour remains concerned about schoolchildren and others who might have been on their way to work.

According to a study by Oregon State University, the tsunami occurred about 20 minutes after the earthquake in an area that has similar tectonic activity and risks as the Pacific Northwest, where two tectonic plates are colliding.

Gilmour's wife counts 300 or 400 people on the island among her relatives.

"It is astonishing her sense of genealogy and connections," said Gilmour.

Lolamanu, a popular resort area where Gilmour and his wife stayed last year, is just above sea level and early reports indicate that about 40 people were killed there, he said. "The whole village was wiped off the face of the Earth," Gilmour said.

The New Zealand Herald showed photos of Lolamanu, a few miles from Lotofago, with debris strewn over the beach and a car that had been crushed during the tsunami.

Sera Gilmour said she's worried because she has not heard from family members yet, but she's keeping an optimistic outlook.

"I think they're all OK," she said.

Gilmour's son-in-law, Duane Stanley, was heading to Samoa from New Zealand as part of a relief effort organized through the company he works for, Air New Zealand.

Sera's brother Sopo Mekuli, a head elder of the Samoan Adventist Church in Central Point, said, "Western Samoa is really hit bad. There are over 200 people dead, but they are looking for more."

Most phone lines have been cut, but Mekuli said he did manage to get through to his brother Pati Mekuli, who was uninjured. The nearby village of Saleapaga where his father grew up was hit hard, with early reports indicating 50 people died, said Sopo Mekuli. Saleapaga is located between Lotofago and Lolamanu on the southern coast of Samoa.

After talking with his brother, Mekuli said there are many residents who are still missing.

"We expect the worst," Mekuli said.

At this point, he said the government isn't allowing people to go back to their homes until it is deemed safe.

Mekuli said there were 500 Samoans living in Jackson County during a count about five years ago. Many Samoans with ties to the Seventh-day Adventist Church have their own services and have been trying to build their own church in Central Point.

Mekuli said church leaders this weekend plan to get together to discuss fundraising efforts for Samoa.

He said it has been easier to get news reports about American Samoa, but more difficult to get information about the other Samoan islands to the west.

The devastation will have a profound effect on a community that maintains very close family ties, he said.

"When one person dies in our family, it is a very big thing for our culture, but when 15 people pass away, it is too much," Mekuli said.

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.


September 30, 2009 - RCC Enrollment Soars In Sour Economy

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A sagging economy and a surge in financial aid have swelled the student ranks at Rogue Community College by 29 percent this fall term.

"There's plenty of money out there for people to get their hands on for school," said Phoenix resident Ryan Tuff. "If it wasn't for these opportunities, I wouldn't be in school right now."

Tuff, 18, who also works part time, is studying human services and substance abuse issues with hopes of getting into a career as a police officer. He helped boost the number of students, both full and part time, at the college to 9,947, which is 2,215 more than last fall.

RCC's Table Rock Campus, which offers more technical and vocational training, saw a 63 percent jump, with 1,116 students registered, compared with 686 a year ago.

The number of full-time equivalent students stands at 1,453 so far this term, compared with 1,134 last fall, a 28 percent increase. A full-time equivalent is determined by one or more students who take a total of 510 classroom hours a term.

RCC credits the increase to students looking to improve their skills in a region hit by high unemployment and pay cuts.

For January through mid-September, RCC has awarded $32 million in financial aid to nearly 12,000 students. Almost as many students signed up for financial aid in the first nine months of this year as in 21 months in the previous period.

Even with more students and increased financial aid, the school has seen its funding from the state shrink, making it more difficult for students to find the courses they need.

"A lot of classes are full," said Margaret Bradford, spokeswoman for RCC. "The student may have to take a class at a time they don't want, or a class that they don't want."

Cory Sweet, who returned to RCC this fall after last taking classes there in 2000, said he was told to register as soon as possible to get the classes he needs.

The 27-year-old engineering student said he got everything he wanted, but other students weren't so lucky, ending up choosing less popular classes that didn't have waiting lists.


Sweet works part time in a sales job and said he is at a better age to determine his educational goals than he was nine years ago.

"Now I have life experience to say this is where I need to apply," he said.

Sweet said grants are allowing him to take 13 units while continuing to work part time to pay his bills.

Kelly Gray, who held his 6-month-old in his arms, said he was returning to school after going from a high-paying job to minimum wage in the midst of a very tight job market.

"I'm moving out of state — there's no work here," said the 34-year-old father of four. "I'm going to lose my house, probably."

Gray, who lives in Medford, said he plans to major in business, and hopes one day to get a law degree. He said he plans to stay in the Rogue Valley until he can find a job elsewhere.

Sara Secor had worked at a local hospital, but watched her hours steadily dwindle, making it a struggle to raise her 2-year-old, Joseph.

To speed up her education as a physician assistant, the 22-year-old Central Point student is taking 21 credits, funded by financial aid and student loans.

As she walked around campus, Secor said her story is one shared by many classmates.

"I hear a lot of students saying they've had pay cuts, or had their hours cut or they lost their jobs," she said.

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.



September 29, 209 - Ruling Puts Brakes On Hyatt Resort Expansion

By Damian Mann
Mail Tribune

A Jackson County hearings officer has ruled against expansion plans at Hyatt Lake Resort in a decision that could lead to the removal of cottages, a restaurant and other improvements.

In a 53-page decision mailed out Friday, Donald Rubenstein concluded that small cabins referred to by the resort owner as recreational vehicles are in fact dwellings that potentially pose a fire danger for the resort and the surrounding forest.

He said the resort 20 miles east of Ashland resembles a high-density residential development with some units only 7 feet apart.

Rubenstein concluded county planners erred in allowing 22 of the cabins at the resort. He rejected a request to add an additional 13 spaces.

Rubenstein acknowledged that his decision, which is subject to appeal, could be an economic blow to the developers of the resort.

"The owner finds himself in an unenviable position having invested large sums of money and effort which are jeopardized by this decision," he wrote.

Neighbors had appealed Jackson County's approval of a limited expansion at Hyatt Lake Resort, which is operated by the same group as nearby Campers Cove. Owners of the resort, known as Campers Cove Resort LLC, also appealed a county planning decision, saying they were entitled to additional changes they've requested. Rubenstein reviewed more than 900 pages from the two sides and the county.

Bob McNeely, one of the resort owners, said previously that he had already sold units that look like cabins on the 22 recreational vehicle sites and was in the process of selling four more on 13 additional sites when he was ordered to stop by the county.

McNeely has 21 days to appeal Rubenstein's decision to the Oregon Land Use Board of Appeals. He was not immediately available for comment Monday. His Coos Bay attorney, Jerry Lesan, declined to comment, and his land-use consulting company, CSA Ltd. of Medford, didn't respond to a phone call.

Pam Hardy, a Bend attorney representing the neighbors' group, called Southern Oregon Citizens for Responsible Land Use Planning, said, "Obviously, we're pleased with the decision, and we're anticipating an appeal."

Sandy Speasl, a member of the land-use planning group, said she thought the hearings officer did a very thorough job. She said she hadn't known what to expect going into the land-use challenge, but was happy with the results.

"To me it means that sometimes the little people have a voice in things," Speasl said.

The resort owners wanted to install recreational vehicles that resemble small cabins on 35 spaces, but county planners determined they were legally entitled to only 22 spaces that can have water, electricity and sewage hook-ups. Those spaces have what the owner refers to as park models.

But Rubenstein wrote, "Park models are not recreational vehicles for purposes of land-use planning, and the staff erred in finding otherwise,"

He added that crowding the cottages together with 120-gallon propane tanks next to each unit posed a significant fire danger.

"The absence of setbacks and other standards that are conventionally applied to high-density residential developments substantially increases the likelihood that once the unit is substantially involved in a fire, nearby decks, cabanas, and park models will ignite as well," Rubenstein wrote.

He also found the cottages would generate more sewage than typical recreational vehicles.

Other improvements to the property — including construction of 30 recreational sites without water and sewer, a cabin, a workshop and a restaurant — will require approval by the U.S. government because some of the development falls on federal land, Rubenstein wrote.

The opinion said the disputed cabins are permanent or semi-permanent buildings, as opposed to recreational vehicles which are temporary. The park models also have structures such as garages or cabanas that aren't typically built next to recreational vehicles, he wrote.

Referring to the Web site of Nor'wester Industries Inc. of Washington, which produces the cabins, Rubenstein noted the manufacturer refers to the units as "destination vacation homes" rather than recreational vehicles.

Glenn Munsell, who lives on Hyatt Prairie Road, said he agreed with Rubenstein's decision but wasn't ready to celebrate because it could be appealed.

"We're just kind of waiting to see what happens next," he said.

Munsell said he had maintained all along that McNeely has built a high-density residential park that goes well beyond the original idea of the resort.

"It's really not an RV park," Munsell said. "There are cabins or houses and the density is terrible."

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.