[Randy Panek]

The strike motion hearing before Judge Hillman was held in courtroom B Jefferson County Circuit Court on August 20th. A special thanks to the property owners in attendance. Association counsel Michael Peterkin argued the merits of the Associations (plaintiffs) strike motions successfully. Motion to Strike Defendant DeMonte’s engineer Ragland testimony from record was granted by Judge Hillman primarily based on evidence that Mr. Ragland was not a registered Surveyor in the State of Oregon as required by law. Elements from both Defendant Anderson and the County Roadmaster McHaney testimony were stricken from the record as well.

The Preliminary Injunction filed earlier this year was dismissed as all parties agreed that Mr. DeMonte would not pursue applying for a permit from the county to enter Three Rivers to conduct preliminary improvement to the alleged CR-577. Mr. Peterkin asked for the right to refile the Injunction IF Mr. DeMonte attempted to file for another permit. This was granted.

Defendant DeMonte filed a supplemental declaration by Gary DeJarnatt as a private surveyor by the August 31st, 2018 deadline. The Board of Directors EH Sparks Sub-Committee (Rich Brandvold, Kevin Fitzpatrick, and Randy Panek) conferenced with counsel on September 10th. Mr. DeJarnatt was deposed by counsel for nearly four hours on September 14th. Further deposition will follow. The Association had requested an extension to the plaintiffs September 14th deadline. No response yet. September 26th remains the deadline for reply memorandums.

Hearing on the Associations Motion for Summary Judgment and defendant’s cross-motion for summary judgment is still set for Monday, October 1st, 2018 9:00 a.m. Courtroom B, Jefferson County Circuit Court, 129 SW E St., Madras, OR 97741 (541) 475-3317. A trial date will be set in the future for matters not resolved by summary judgment. All property owners are encouraged to attend the October 1st Hearing. Please arrive no later than 8:30 a.m. Thank you.

Visit the Three Rivers websites for continuing updates.

Respectfully submitted September 17, 2018 by
Randy Panek, President TRLA

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