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  • #7573
    Randy Panek

    The judge first summarized the summary judgment proceedings. (She commented that it was “too
    bad” that the County withdrew its oral motion for summary judgment, as that was the “easiest thing
    for her to rule on.”)

    The judge stated that she had just received this morning the supplemental briefing, but allowed the
    attomey’s to address the arguments therein. I summarized our brief regarding the statute of
    limitations, inadequate pleading, and estoppel arguments. Hathaway and Anderson summarized
    their arguments in opposition and requested that the Court strike the brief as untimely, also
    requesting additional time to respond if the judge were inclined to allow our supplemental brief.
    The judge next defined the record before the Court, which she stated included the summary
    judgment briefing prior to the hearing on October 1 and all arguments made at the hearing together
    with any briefing thereafter that was expressly permitted, but struck all other briefs, including the
    supplemental briefing.

    Recognizing that Plaintiff s and the County’s summary judgment motions had been withdrawn (and
    that Plaintiff s motion as to the estoppel claim had been denied, consistently with Plaintifls
    acknowledgment of issues of material fact), the judge stated that the only motions before her were
    the motions for partial summary judgment filed by De Monte and ATC.

    The Court denied the De Monte and ATC Allen Trust Company) motions, as follows:

    1. The Court found as fact that Crook County had established a road in 1896; and
    2. Whether that road had been vacated or extinguished presents genuine issues of material fact.

    The Court directed Hathaway and Anderson to submit orders as to the above ruling.

    A pretrial conference is set for January 29, 2019, at 9:30 a.m. At that time, the Court will address
    any additional motions or issues and set atrial date. (The Court mentioned that the trial would likely
    be set for March or April 2019.)

    The above summary submitted by TR’s counsel Danielle Lordi
    Peterkin Burgess

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