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2016 BALLOT MEASURE LAWSUITUpdate

1/08/19, 1:51 PM

TALK IS CHEAP, LAWYERS AREN’T!

TAMARA SCHAAF, an individual; LINDA ANDYKE; an individual; and 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 KEYSTON,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; and CROOKED RIVER RANCH CLUB & MAINTENANCE the Association, an Oregon non-profit corporation,
DEFENDANTS.

Case No: 18 CV 16980

On 12/27/18, Ranch Matters posted a story titled, THEY DON’T WANT TO TALK about the 2016 Ballot Measure Lawsuit. The following is part 1, of a series of reports regarding-WHY A LAWSUIT.

On April 27, 2018, the above captioned case was filed in Jefferson County Circuit Court by the plaintiffs only after they attempted to resolve the matter via mediation. The former Board refused to sit down and talk forcing the lawsuit to be filed.

 

In a nutshell, the plaintiffs 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 Statues (ORS)

*Ranch Directors were notified there were multiple problems concerning the 2016 Election and they chose to ignore most of them

CASE STATUS AS OF TODAY

January 15, 2019, the case is scheduled for a Pre-Trial Conference and currently the plaintiffs are contending with several pre-trial (Costly & Time Consuming) Motions filed by the defendants attorney, William Ohle.

In an unrelated case (Stevens v. Crooked River Ranch Special Road District and John Williams, Jefferson County Circuit Case No. 18 CV 03272) a Settlement Conference was held on October 16, 2018. During the Settlement Conference it was learned via Judge Daina Vitolins that she and a defendant in the 2016 case, “Bim” Gander, played tennis together.

The above revelation regarding Bim Gander and Judge Daina Vitolins relationship compelled plaintiffs attorney, Robert Birk, to write Judges Daniel Ahern and Daina Vitolins, on December 14, 2018, seeking direction, as well as, pointing out in part, “…a social relationship between the ruling judge and a party raises an issue on the appearance of partiality/impartiality for that judge to continue on the case and on rulings already made.”

On December 26, 2018, Judge Daina Vitolins signed an ORDER OF RECUSAL removing herself from the 2016 Ballot Measure case due to a “conflict.”

Subsequently, on January 5, 2019, plaintiffs attorney Robert Birk filed a MOTION TO SET ASIDE ORDER that addressed an Order signed by Judge Daina Vitolins on October 16, 2018 based on oral arguments before Judge Daina Vitolins on September 18, 2018.

On multiple occasions the plaintiffs have made efforts to sit down with the Ranch Board and discuss ways of resolving their differences. However, the former and current board, as recent as December 3, 2018, met in secret after the Work Session Meeting and apparently reinforced their position of pushing the case forward in court.

The defendants attorney William Ohle is noted for prolonging cases using aggressive Motion Tactics at the expense of the HOA Members and or their Insurance Carrier.

Still to come more reports regarding the 2016 Ballot Measure Lawsuit.

Ranch Matters Staff

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