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    Randy Panek

      Reported February 21st, 2021 to the Membership.

      The mediator for Court of Appeals of the State of Oregon has ordered reactivation and removed the case from the Settle Conference Program. This means the abeyance (temporary suspension) period has ended and this appeal will now proceed along scheduled timelines. The Association is now under the appellate clock. Each defendant will be soon. Association Counsel Michael Peterkin will prepare and deliver to the court the Plaintiffs Trial Transcript. During this next phase, each defendant will need to prepare and deliver their trial transcripts to the court as well.

      Even though the Settlement Conference Program is over, negotiations continue between DeMonte and the purchaser. It is our understanding that appraisals have been created to assist with the negotiations. We believe that the purchaser will present a final offer to DeMonte. The Board continues to be hopeful a final agreement can be reached between the parties.

      Order No. 0-124-20 was given by The Jefferson County Commissioners on December 23rd, 2020. Within that Order No. 2 states, “The County Road Official shall file with this Board a written report in accordance with ORS 368.346 (1)” which requires a finding of whether the vacation would be in the public interest. On February 10th, 2020, Carol Fuchs and I attended the Board of Commissioners Meeting via Zoom. Several questions were asked of the Board. Jeff Rasmussen, County Administrative Officer, asked both parties to put our question in writing to the Commissioners. Both myself and Carol Fuchs submitted our questions. Both letters are attached. On February 12th, 2021, Jeff Rasmussen provided me with the following response.

      Since the Settlement Conference Program has completed and the purchaser will make one last offer, the Association, through counsel, has encouraged the County to move forward and put the road vacation on the calendar.

      The privacy of our community and Association continues at risk in 2021. Your continued support is needed and appreciated.

      Further information will be provided when available. Updates and filings can be found on the Three Rivers Website at

      Oregon Court of Appeals_Reactivate and Remove Case from SCP (February 17 2021)


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