Wednesday, September 24, 2003
Mt. Hood Meadows has been awarded attorney fees for an “unnecessary argument” waged by its opponents in a disputed land-use case.
Hood River Circuit Court Judge Donald Hull recently directed the Hood River Valley Residents Committee (HRVRC) to pay the company $2,650 for pursuing a legal issue that “served no useful purpose.” He tendered that decision after the Cascade Resources Advocacy Group (CRAG), which represents HRVRC, sought to strike a Meadows’ argument that already had been withdrawn.
Ralph Bloemers, attorney for CRAG, declined comment about the issue beyond a statement that Hull’s most recent decision would be brought before the Court of Appeals. CRAG is also seeking to have that judicial body review the judge’s dismissal of two lawsuits that were filed over the land exchange, which was finalized in March of 2002.
The HRVRC wants to reverse the county’s trade of 640 acres near the southern border for 785 acres owned by Meadows. The deal also included a $1 million payment by the county to offset the value difference in saleable timber on its newly acquired property. The environmental group contends that the land appraisal of the county’s property should have factored in Meadows’ stated intent to build a destination resort, which would have greatly increased the market value.
Hull’s most recent ruling was rendered over arguments brought by the plaintiff and defendant in the second lawsuit that he dismissed in May. During those proceedings Meadows claimed that the case should be thrown out because it was “frivolous” since the same theories had already been overturned in another legal venue. When CRAG asked the court to strike down that argument, Meadows withdrew it to avoid spending time and expense on a defense. However, CRAG proceeded with its request for the court to rule on the issue and lost that bid when the judge determined that Bloemers had used a supporting legal argument on behalf of the plaintiffs that only applied to defendants.
Hull then dismissed the case because CRAG had already brought the same issues forward in its first lawsuit. His decision was based on “claim preclusion,” a legal procedure which prevents plaintiffs from causing delays in the resolution of a legal matter by requiring that all issues be consolidated into one complaint. Hull decided that CRAG should have filed the alternative formats at the same time, not waited for a ruling on one before instigating a brand new case which relied on the same facts.
Although Meadows had originally requested about $4,500 in attorney fees, Hull granted only the portion of that request that was spent on court proceedings that were “without merit.”
In the spring of 2002, Hull declined to hear the “Writ of Review” lawsuit filed by CRAG. He ruled the legal format for quasi-judicial decisions made by the county was wrongfully applied since the land exchange had been done legislatively. Bloemers then formally asked Hull to reconsider that denial.
When that legal action also failed, he raised the same issues in the broader “Declaratory Judgment” lawsuit that was overturned this spring.
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Parkdale third graders sing "12 Disaster Days of Christmas"
Welcome to your sing-able Christmas gift list. What follows is an emergency rendition of “12 Days of Christmas” – for outfitting your home or car in case of snow storm, earthquake, flood or other emergency. Read it as a simple list, or sing it to the tune of “12 Days” – you know, as in “ … and a partridge in a pear tree…” Not to make light of it, but the song is a familiar framework for a set of gift ideas that you could consider gathering together, even if the recipient already owns items such as a bunch of coats, tire chains and flashlights. Stores throughout the Gorge are stocked up on all these items. Buying all 12 days might be prohibitive, but here are three ideas for checking any of the dozen off your list (notations follow, 1-12.) The gift items needed to stay warm, dry and safe are also coded to suggest items in your abode (A) in your car (C) or both (B). 12 Gallons of Water (A) 11 Family meals (B) 10 Cans of propane (A) 9 Hygiene bags (B) 8 Packs of batteries (A) 7 Spare coats (B) 6 Bright red flares (C) 5 Cozy blankets (B) 4 Tire chains (C) 3 Flashlights (B) 2 cell phone chargers (B) 1 And a crush-proof first aid kit (B) Price ranges? Here’s a few quotes for days Three, Two, Four and Nine: n A family gift of flashlights (three will run $15-30, Hood River Supply, Tum-A-Lum) n Cell phone chargers (two will run $30-60) n Tire chains (basic set, $30, Les Schwab, returnable if unused for the winter) n Family meals ($100 or so should cover the basics for three or four reasonably well-fed days) n The home kit should be kept in a handy place near an exit, and remember that water needs to be replenished every few months. If you have a solid first aid kit already, switch out the gift idea with “and-a-sto-o-u-t- tub-for it-all …” Otherwise, it’s a case of assembling your home or car kits and making sure all members of the family know what the resources are and how to use them (ie flares and propane). Emergency situations are at worst life-threatening, at best deeply uncomfortable if you and your family are left without power for an extended period, or traveling and find yourself in a situation where you need to wait out a storm, lengthy traffic delay, or other crisis. Notes on the 12 gift ideas: 12 – Gallons of water: that’s one per person in a four-member family to last for three days, the recommended minimum to be prepared for utility outages. 11 – Easy-open packaged goods, energy bars, dried food and nuts are good things to include for nutrition. Think of what your family of four needs for three days to stay fortified and hydrated (see number 12). Can-opener also recommended 10 – If you have a propane camping stove, keep extra fuel handy. 9 – Hygiene bags: put packaged moistened towelettes, toilet paper, and plastic ties in large garbage bags (for personal sanitation) Resource list courtesy of Hood River County Emergency Management, Barbara Ayers, manager/ 541-386-1213. The county also reminds residents to Get a Kit, Make A Plan to connect your family if separated, and Stay Informed. See www.co.hood-river.or.us to opt-in for citizen alerts. Enlarge