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CRR CLUB AND MAINT ASSN Vs. CRR WATER COMPANY-UPDATE

7/14/20, 11:32 AM

Crooked River Ranch Club & Maintenance Association, an active Oregon Corporation
Vs.
Crooked River Ranch Water Company, an active Oregon Corporation

Jefferson County Case No: 19CV55620

UPDATE

Ranch Matters last reported on the status of the above captioned case on March 9th, 2020. We reported Water Company General Manager, Frank Day, confirmed he’s looking into insurance carrier issues regarding policy limits related to the lawsuit they are tasked defending against from the Ranch Association. Mr. Day added, the Water Company planned on filing their required Answer/Response by March 13, 2020.

 

PROBLEM

There was an Answer filed, however it was an unauthorized Answer.

According to court documents obtained by Ranch Matters, Frank Day, General Manager for Defendant Crooked River Ranch Water Company, filed a Declaration “IN SUPPORT OF DEFENDANT’S MOTION TO STRIKE ANSWER AND AFFIRMATIVE DEFENSES.”

Mr. Day’s Declaration discusses the lack of communication between him and the former law firm representing the Water Company. Day stated in part, “The Answer was not authorized and does not represent the defendant’s position.”

Arguments are scheduled for July 21, 2020, at 9:30 AM.

Our earlier story also addressed an interesting ORS (Oregon Revised Statute), 94.662, that begs the question, is there a NOTICE REQUIREMENT obligating the Ranch Association to notify the affected homeowners prior to filing the lawsuit against the Water Company?

ORS 94.662 states in part, “At least 10 days prior to instituting any litigation or administrative proceeding to recover damages under ORS 94.630 (Powers of the Association) (1) (e) (E), the homeowners association shall provide written notice to each affected owner of the association’s intent to seek damages on behalf of the owners.”

Ranch Matters Staff