3/24/20, 4:35 PM
2016 BALLOT MEASURE LAWSUIT-UpDate
TAMARA SCHAAF, an individual; LINDA ANDYKE, and individual; SUNRAY HENDERSON, an individual,
PLAINTIFFS,
vs.
GEORGE MITCHNER, an individual; PAULA BARTOLOMEI, an individual; JOHN WILLIAMS, an individual; JOHN SMALLWOOD, an individual; GAIL DESBRISAY, an individual; MARCUS BEEBE, an individual; DAVID PALMER, an individual; DAVID KEYSTONE, an individual; JAMES DILLE, an individual; SUE FLORY, an individual; MARK SCHNEIDER, an individual; MARIE CARTER, an individual; CAROL ORR, an individual; BUTLER GANDER, an individual, MICHEL FOLKESTAD, an individual; and CROOKED RIVER RANCH CLUB & MAINTENANCE ASSOCIATION, an Oregon non-profit corporation,
DEFENDANTS
Case No: 18 CV 16980
On April 27, 2018, the above captioned case was filed in Jefferson County Circuit Court by the plaintiffs only after the former Board refused to sit down and talk forcing the lawsuit to be filed.
In a nutshell, the plaintiff complaint alleges, in part, the following:
*2016 Election Process violated State Statutes
*2016 Election Process violated Crooked River Ranch By-Laws
*2016 AMENDMENT the Ranch Board wanted to pass violated Oregon Revised Statutes (ORS)
*Ranch Directors/Officials were notified there were multiple problems concerning the 2016 Election and they chose to ignore most of them
CASE STATUS AS OF TODAY
May 11, 2020, the case is scheduled for Trial, with a Trial Readiness Hearing set for May 7, 2020.
Due to COVID-19 restrictions, Ranch Matters spoke today with Jefferson County Circuit Court Supervisor, Brad Mondoy regarding Court Docketing issues and possible delays. Mondoy stated, “Everything is up in the air” and subject to change on a “day-by-day basis.”
Additionally, he acknowledged lawyers are also having to deal with the latest restrictions, which in turn, could impact pre-trial activities and create trial postponements.
While reviewing the above case records with Mondoy, we obtained a ORDER OF RECUSAL signed by Judge Daina A. Vitolins and dated 12/26/18. The Order stated,
“I hereby recuse myself from service as a judicial officer on this case and any of its proceedings for the following reason-CONFLICT.”
The Circuit Court Docket currently reflects Judge Vitolins as the judicial officer (Judge) assigned to the May 11 trial.
Mondoy investigated the matter and a short time later reported, “She Out” if the case goes to trial. Mondoy added, the lawyers “don’t have to do anything” because she,
“Won’t be the trial judge based on the 12/26/18, RECUSAL.”
The lawyers are still battling over MOTIONS, including the latest round of Summary Judgment Motions. On March 3, 2020, the plaintiffs filed their Motion for Summary Judgment and yesterday, 3/23/20, the defendants filed their Response to the plaintiffs’ Summary Judgment Motion.
As part of defendants Response, Ranch Manager, Judy Lapora and Ranch President, Carl Harbour submitted their Declarations. According to Lapora’s Declaration, she Stated,
“One of my duties is to maintain the documents and records for the Association Board of Directors…”
Harbour’s Declaration stated in part,
“On March 16, 2020, the Board of Directors held a meeting (Executive Session/Minutes Attached) and passed a Resolution regarding the interpretation of the by-law amendment voting requirements.”
Harbour’s Declaration includes a copy of RESOLUTION # 2020-03-16-B, dated 3/16/20 and signed by Harbour and Secretary/Director, Judy Gilliland.
Ranch Matters Staff
