So I, moved the site out of the installation it was in and into the same installation with the other sites that the code was working on, but that didn't seem help. (Also, it was a different server.) The next thing I did, was a I moved the code out of the master page (old aspx site) to a user control similar to how the other pages had it set up ,just to rule that out, and it has seemingly worked...
so not really sure why, but it is working now for me. Thanks for your input.