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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (Jan. 15, 2016)
Astoria girls score win Fishing on the North Fork Nehalem River SPORTS • 3A FRIDAY EXTRA • 1C 143rd YEAR, No. 137 ONE DOLLAR FRIDAY, JANUARY 15, 2016 • WEEKEND EDITION Oregon LNG refi les case against Army Corps Company says decision is to ‘maintain its legal options’ By ERICK BENGEL The Daily Astorian 2regon L1G re¿ led a legal com- plaint against the U.S. Army Corps of Engineers on Wednesday to se- cure property on Warrenton’s Ski- panon Peninsula, where the energy company wants to build a liTue¿ ed natural gas facility but where the Corps holds an easement to deposit dredging spoils. Oregon LNG said in a release that the move is to “maintain its legal op- tions,” and that the company is “con- ¿ dent we can resolve this issue in a constructive manner.” In a modi¿ ed version of the complaint Oregon LNG withdrew last week, the company alleges that around 2002, the Army Corps, “ex- pressly and unequivocally” relin- quished the easement property and any right or title to, or interest in, the property “as documented by a per- son with appropriate authority” to abandon it. VETERANS ON THE MOVE The company claims that, from 2004 to 2009, the Army Corps knew of the energy company’s intention to develop the facility, participated in the development process, but did not reassert its ownership claim on the property until 2009 . See LNG, Page 8A OK to stand trial? Judge postpones decision on Smith’s mental state in toddler murder trial By KYLE SPURR The Daily Astorian Joshua Bessex/The Daily Astorian Kenneth Lehman drives the Disabled American Veterans van along U.S. H ighway 26 toward the Veterans Affairs Medical Center in Portland on Wednesday. Van for veterans with medical appointments needs drivers By ERICK BENGEL The Daily Astorian A t 7 a.m. almost every weekday morning, a passenger van streaked with stars and stripes leaves a parking lot west of the Asto- ria Burger King to take local veterans to hospitals, run by the U.S. Department of Veterans Affairs, for much-needed medical treatment. Driven by volunteers working for Disabled American Veterans, a veterans advocacy and assis- tance group, the van picks up anywhere from one to eight veterans at stops along U.S. highways 101, 26 or 30, en route to Portland, Hillsboro or Vancouver, Washington. Once there, the veterans — some with severe physical impairments and psychological is- sues — receive care for conditions that range from low-risk to life-threatening. Because many lack transportation options, the veterans depend on the free service to see their phy- sicians. But van drivers are in short supply. “The main issue is, most of us that can volun- teer to work Monday through Friday are older re- tired people, and we tend to have our own medical See VETERANS, Page 8A Joshua Bessex/The Daily Astorian Kenneth Lehman, right, a driver of the Disabled American Veterans van, waits in the parking lot across from Burger King for passengers Wednesday morning. The van can fit up to nine passengers. Clatsop County Circuit Court Judge Cindee Matyas will take a week to determine if Jessica Smith is men- tally ¿ t to proceed in her criminal trial. Smith, 42, is accused of drugging and murdering her toddler and at- tempting to kill her teenager in Cannon Beach in July 2014. Her defense lawyers say she suffers from a mental disease and is un¿ t to move forward. The defense is asking the court for a competen- cy examination Jessica of Smith and Smith then a determi- nation of Smith’s ¿ tness to proceed. At a court hearing Thursday , Judge Matyas said she was surprised to see the defense’s request at such a late stage in the criminal case. The trial is scheduled for late June. She agreed to set another hearing for Thursday to make her determina- tion. In the meantime, Matyas requested to review a report from the defense’s psychiatrist, Elizabeth Howell, and video of the state’s psychologist Paul Guastadisegni meeting with Smith last month. Matyas must agree that Smith’s mental state has deteriorated to the point where she is unable to aid and assist in her own case. “With all due respect. I don’t know if I’m there yet,” Matyas said. “I want some examples or details.” Defense lawyer Lynne Morgan and co-counsel William Falls are planning to use a diminished-capac- ity defense. See TRIAL, Page 8A Developer plans Miles Crossing apartments Project could include more than 164 units By EDWARD STRATTON The Daily Astorian Developer Richard Krueger is planning a large apartment complex in the Miles Crossing neighborhood that could help address a lack of af- fordable rental housing. The Astoria School Board voted Wednesday to provide Krueger a letter of support as he seeks coun- ty approval for the project between Lewis and Clark Elementary School and Lewis and Clark Golf & RV Re- sort. “I’m in the preliminary process,” Krueger said of the project, adding the proposed apartments could in- clude between 164 and 168 units phased in over time. Krueger is having a community needs and traf¿ c impact analysis per- formed, and said he plans on going in front of the Clatsop County Plan- ning Commission in the next month or so to seek approval. See APARTMENTS, Page 8A Edward Stratton/The Daily Astorian Developer Richard Krueger is exploring a possible apartment complex on a piece of property in Miles Crossing next to Lewis and Clark Elementary School.