Objection to Submission of New Evidence & <br />Request to Re-Open the Record <br />PDT 13-1 Oakleigh Meadows PUD Appeal <br />August 15, 2015 <br />Eugene Planning Commission <br />c/o Anne Davies, City Attorney <br />City of Eugene <br />99 West 10th Avenue, <br />Eugene, OR 97401 <br />Re: City File No. PDT 13-1; Oakleigh PUD <br />Dear Commissioners: <br />This letter serves as my formal objection to the submission of new evidence by Anne Davies, the <br />Eugene City Attorney. <br />I hereby request that the Planning Commission re-open the record to allow me to submit <br />additional evidence and argument in rebuttal to the new evidence submitted by Davies. <br />In her August 12, 2015 memo to you regarding the remand of your initial decision approving <br />the Oakleigh Meadows Co-housing PUD, Davies showed an astounding level of unethical <br />behavior in her attempt to manipulate the decision on remand by flouting the legal rules <br />governing this appeal and providing you demonstrably untrue information. <br />Despite the fact that Davies herself had previously provided you a slanted and incomplete <br />interpretation of the law in an attempt to exclude purported "new evidence" in the testimony <br />by Simon Trautman, Davies herself proceeded to egregiously violate the local code and statutes <br />by stating, as if it were fact: <br />"Second, any of the paved portion of Oakleigh Lane that lies outside the right of way <br />that has existed for 10 years or more will be considered to have been acquired by the <br />City as a prescriptive easement." (Emphasis added.) <br />First off, it is absolutely not true that, as a matter of law, any of the paved portion of Oakleigh <br />Lane that lies outside the right of way that has existed for 10 years or more is certain to be <br />considered to have been acquired by the City as a prescriptive easement. Check with any <br />independent and competent attorney, such as Emily Jerome, to ascertain that Davies grossly <br />misrepresented the law in this regard. While it is possible that the City might successfully <br />acquire a prescriptive easement, it is by no means an established fact that commissioners should <br />be misled to rely upon, either formally in your decision or informally in forming your personal <br />opinions. <br />2 <br />