JOSEPH - The Joseph City Council reserved the right to cross-appeal the Land Use Board of Appeal's recent Marr Ranch Subdivision decision at a special meeting Sept. 23.

The controversial piece of property is located in Joseph's urban growth boundary just south of the city and north of the old Chief Joseph monument property near Wallowa Lake.

By a 5-2 vote the council authorized city attorney Mark Tipperman in a teleconference call to file a notice to cross-appeal Sept. 24, but with the stipulation it would go ahead with an appeal only if a legal brief is necessary to protect the city's interests in an appeal being filed by subdivision applicant K & B Family Limited Partnership.

"This would be a filing a petition of notice to cross-appeal on LUBA's decision that the county's decision was 'a limited land use decision' and LUBA's failure to address city's argument that the perpetual single-family dwelling decision violated applicable law (the city's land use plan," said Tipperman.

Councilor Jennifer Ballard read to Tipperman the reported content of the K & B appeal from a Sept. 23 Wallowa County Chieftain story, and Tipperman agreed that if the appeal was limited to what was reported, there would be no need to write a brief in the appeal.

He said if a brief did turn out to be necessary, however, extra time and expense would be minimal to at the same time appeal the city-related issues in the LUBA decision, which he said "was generally favorable to the city." The LUBA decision pointed out a number of errors in the county's approval of the proposed subdivision's preliminary plant and remanded it back to the city.

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