The strike motion hearing before Judge Hillman was held in courtroom B Jefferson County Circuit Court. 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.
Defendants have not filed supplemental declarations to date. Judge Hillman set a deadline of August 31st, 2018 for those to be filing. The Association will need to respond by September 14th. September 26th it the deadline for reply memorandums.
Hearing on the Associations Motion for Summary Judgment and defendant’s cross-motion for summary judgment is 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.
Respectfully submitted August 21, 2018 by
Randy Panek, President TRLA
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