Trucking operation battle continues in court

By Lauren Dake, WesCom News Service November 06, 2013 03:52 pm

SALEM -The ongoing battle over whether an Island City homeowner can operate a trucking company on his residential property continued in the Oregon Court of Appeals Wednesday.

The appellate court judges heard only from La Grande-based attorney Phil Wasley, who argued on behalf of the Stevenses, the neighbors who hope to stop the trucking operation. Neither Island City, which issued the home occupation permit, nor Jon Fregulia, who operates the trucking company, were represented at the hearing.

Wasley told the appellate judges that Fregulia’s business, Oregon Trail Transport, violated the Island City’s development code. No reasonable person could consider the trucking company a “secondary” use of the property, with the residential being the primary use, a term of the permit, Wasley argued.

At least one of the appellate court judges appeared to agree.

Judge Rex Armstrong spoke about the “magnitude” of operating a trucking business.  

“Running a trucking operation, given what that normally looks like and what that normally entails, at a residence, I struggle, frankly, that it could really be defined as secondary to the residential use, given everything required to make that operation effective,” Armstrong said.

 

See more in Friday's edition of The Observer.