Mark's Fight for Due Process Against Jackson County Planning

This video explores ongoing due process issues with Jackson County Planning and highlights Mark Hutto's efforts to address them. The video begins with Mark recounting his experiences, but note an important correction: the trespass incidents began in 2023, not 1993 as mistakenly mentioned.

The year 1993 was significant for another reason—it was when the land was last logged and around the time a permanent homesite approval was granted for the property (1992) . This distinction is crucial to understanding the timeline of events and the history of compliance associated with the property.

Mark’s story reveals systemic issues in how Jackson County has handled zoning, planning, and code enforcement. From multiple documented incidents of county officials trespassing on his land without a warrant or consent to procedural violations during the permit review process, Mark has faced challenges that raise serious questions about fairness and accountability.

Key points covered in the video:

Trespass by County Officials: In 2023, Jackson County officials, including Code Enforcement Officer Sarah Bates, entered Mark’s property without permission on three separate occasions. One of these intrusions were captured on trail cameras and included evidence gathered unlawfully, later used against Mark in administrative proceedings in August of 2024.

Misrepresentation During Permit Denial: Despite holding a permanent homesite approval dating back to 1992, Jackson County staff falsely claimed this approval was invalid or expired. They also asserted that Mark would need a homesite approval to meet the conditions for a Type 1 Forest Labor Camp Permit, a requirement that was misleading and procedurally unnecessary given the property’s zoning history.

Use of Illegally Obtained Evidence: Photographic evidence gathered during the trespass incidents was used to justify denying the Type 1 Forest Labor Camp Permit, violating constitutional protections against unlawful searches and seizures.

Arbitrary and Shifting Standards: After denying Mark's initial permit application, the county introduced new, unclear criteria for compliance, further complicating the process and raising concerns about the arbitrary exercise of governmental power.

Mark’s efforts to hold Jackson County accountable include:

Filing a petition with the Oregon Land Use Board of Appeals (LUBA), which resulted in a voluntary remand of the case.
Raising constitutional claims under the Fourth and Fourteenth Amendments, including violations of procedural due process and protections against unreasonable searches and seizures.
Highlighting potential violations of the Religious Land Use and Institutionalized Persons Act (RLUIPA) if the county's actions continue to impede lawful religious uses of the property.
This video underscores the importance of due process and accountability in local government. Learn more about Mark's fight for justice and how you can support efforts to ensure fairness in zoning and planning enforcement. The Fight Continues and this video gives you some insight to its origins.