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    Randy Panek

    On May 3rd, 2019 Plaintiff’s filed Objection to Defendant Jefferson Counties MPSJ. The Key facts are as follows;
    • Any Challenge to The Heising Land Patent Is Barred by The Applicable Statute of Limitations, ORS 12.040(2). Thus, County’s Motion for Summary Judgment Should Be Denied.
    • The County’s Motion for Summary Judgment Should Be Denied Based on The Law of The Case.
    • Estoppel as Alleged Is A Recognized Claim Under Oregon Law and Subject to A Preponderance of Evidence Standard. Thus, County’s Motion for Summary Judgment Should Be Denied.
    • Plaintiff Had No Record or Constructive Notice of The Sparks Right of Way, If It Exists, or in The Alternative, There Is A Genuine Issue of Material Fact That Bars Summary Judgment.
    o County’s Knowledge of Its Own Records.
    o The County’s Road Register Is Not Constructive Notice to Plaintiff.
    o Common Law Constructive Notice.
    o Summary of Constructive Notice Argument.
    • Submitted June 23rd, 2019 by County Cannot Now Disavow Its Past Decisions and Representations Because Such Disavowal Undermines Public Confidence in Land Use Decisions, Undermines Land Values, And Promotes Uncertainty, Not Orderly Development Required by ORS Chapter 92.
    • Plaintiff’s Claim That the County’s Prior Decisions, Including Land Use Decisions, Cannot Be Collaterally Attacked, Is Justiciable and Properly Before the Court Under ORS Chapter 28.
    • Defendant Has Not Demonstrated That Plaintiff’s Collateral Attack Claim Fails as A Matter of Law.

    On June 3rd, Defendant DeMonte filed documents in Jefferson County Circuit Court to have the Affidavit of Maureen Corbett-Heising stricken from the record.

    On Thursday, June 6th the association received the 75% plus 1 returned ballots necessary to complete voting. The Final Count was 1,053 YES VOTES to 4 NO VOTES. The count was certified by Fieldstone Management and accepted by the Three Rivers Board of Directors. Two additional 30-day extensions were approved by the Board of Directors to complete the process. Considerable time and association funds were spent attaining the necessary ballots. This lengthy process has shown how important it is for all property owners to get involved with our association and community. The Association and Allen Trust are working hard to complete the process prior to the upcoming trial.

    Late Friday June 21st Defendant Jefferson County filed a 7-page Respond and Objection to Plaintiff’s Motion to Strike. The Association will need to file a reply and perhaps additional declarations on Monday. Clearly and definitively the County continue to use taxpayer money to take a strong position against more than 700 taxpaying citizens.

    The EH SPARKS TRIAL is set for Monday, July 8th, 2019 9:00 a.m. in Jefferson County Courtroom B. Annette Hillman presiding judge. Two Hearing will be held before July 8th; A Motion Hearing on Tuesday, June 25th 9:45 a.m. in Courtroom B. Annette Hillman presiding and a Trial Readiness Hearing on Tuesday, July 2nd at 3:00 p.m. in Courtroom B. Annette Hillman presiding.

    All property owners are encouraged to attend the 9:00 a.m. July 8th, 2019 Trial in Jefferson County Circuit Court. The Courthouse in located at 129 SW E Street Madras, Oregon 97741.

    Randy Panek, President TRLA

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