A Jackson County Circuit Court judge has thrown out plans for 11 three-story apartment buildings on the flanks of Roxy Ann Peak, ruling the 199-unit project clashes with Medford's land development code and doesn't fit in with the surrounding Vista Pointe neighborhood. The decision, issued Monday by Judge Matthew Rowan, also shuts down developer Ron DeLuca's attempt to force the city's hand through a court order.
Rowan denied DeLuca's petition for a writ of mandamus and dismissed his case against the city, according to Rogue Valley Times. The ruling caps a fight that began when DeLuca's company applied earlier this year to revert the project, known as Mountain Top Village, back to a 2003-era concept of apartment buildings after years of planning for something smaller and more residential.
A Design That Kept Changing
Mountain Top Village sits on a 25-acre slice of the 160-acre Vista Pointe planned unit development, which was first approved in 2003. That original approval called for three-story structures, but DeLuca revised the plan in 2017, swapping those buildings for two-story townhomes along with walking paths and a swimming pool, the outlet's report notes.
Earlier this year, DeLuca's company moved to undo that 2017 shift, proposing to replace the townhomes with 11 three-story apartment buildings instead, bringing the unit count to 199. A divided Medford Planning Commission approved that return to the apartment concept on Feb. 26, setting off a backlash from the neighborhood it would border.
Neighbors Fought Back and the Clock Became the Battleground
More than 450 Vista Pointe residents rallied against the redesign, circulating a petition, launching a website called “No Mountain Top,” and hiring legal representation, per the same account. Dustin Wynn, one of the neighbors involved, said the fight reflected ordinary people uniting against seemingly impossible odds, and he and others volunteered thousands of hours while raising tens of thousands of dollars for legal fees.
Residents filed their appeal of the Planning Commission's decision on March 31, paying a $3,600 fee before the city's own March 31 deadline. But a separate state requirement — that cities issue final land-use decisions within 120 days of an application being deemed complete — had already expired on March 21, the report states. That gap between the two deadlines became central to the dispute, after attorney Julie Calvo said the deadline's expiration allowed the developer to pursue a writ of mandamus, moving the fight into court before the neighborhood's city council appeal could even be heard.
What the Judge Found
Rowan visited the Mountain Top Village site himself, observing its grading and the proposed locations for the apartment buildings, the news organization reported. He found that the buildings' location, size and placement would disrupt nearby neighbors, and said the 2017 revision had created an expectation among residents of townhouse-style homes and a community pool rather than three-story apartment blocks.
Attorney Greg Hathaway pointed to the city's own history on the matter, noting that the Planning Commission had already determined in 2017 that the original three-story buildings were incompatible with the adjacent Vista Pointe neighborhood, a determination that fed into Rowan's ruling.
What Happens Next — and Who Pays
Medford spokesperson Kristina Wilson laid out DeLuca's remaining paths forward: he can proceed with his previously approved 2017 subdivision design without starting a new land-use process, appeal Rowan's decision to the Oregon Court of Appeals, or submit a fresh land-use application proposing changes to the 2017 approval. Attempts to reach DeLuca and his attorneys by phone and email were unsuccessful, the outlet reported.
Wilson also said residents who challenged the city's approval may seek reimbursement of attorney fees from the applicant, the city, or both, though the court will ultimately decide whether fees are awarded and who foots the bill. Calvo said Vista Pointe residents plan to pursue reimbursement for legal costs they believe the city's own failures caused, arguing that assistant planning director Kelly Akin and city attorney Eric Mitton failed to properly manage the 120-day deadline and share meaningful information with residents. Calvo said the process left hundreds of families without a voice and caused unnecessary legal costs for neighbors and taxpayers alike.
A Separate City Notice on the Council Hearing
A public notice from the City of Medford confirms that a scheduled City Council hearing on the matter was canceled after DeLuca filed his writ of mandamus in Circuit Court, with the city stating it no longer had jurisdiction to render a decision once that filing moved the dispute into the courts.
