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CLEAR Temp: 78 °F Wind: CLM at 0 mph Saturday, October 4, 2003 SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics AP News Weather Classified Archives Site Map EXTRA HomeLife Magazine Joy Magazine Tempo A & E RogueValleyAutoFinder RogueValleyHomeFinder Real Estate Showcase Wellness Connection Newspaper in Education Prime Times Outdoor Journal Personals Movie Times TV Times E The People CLASSIFIEDS Find a Car Find a Home Find a Job Find Everything E SOUTHERN OREGON Automotive Communities Entertainment Publications Recreation Calendar ABOUT US FAQ What's New Advertise Home Delivery Classified Ad Employment Contact Us Media Kit Email Story to a Friend September 24, 2003 Residents removed from J’ville surcharge lawsuit By SANNE SPECHT Mail Tribune JACKSONVILLE — Five of the 17 plaintiffs fighting the city’s new public safety surcharge in the state Tax Court have asked to be removed from the lawsuit. At least two of the five say they were never asked if they wanted to sue the city. Paul Murdoch, who owns Gary R. West Meats in Jacksonville, said he and his wife, Whitney, were volunteered for the lawsuit without their knowledge. "The first I heard about it was when I got some legal papers in the mail," said Paul Murdoch. "It scared the heck out of me. I thought we were getting sued by somebody." Advertisement Murdoch declined to speculate on who signed him up for the suit, but said his father-in-law, Gary West, is one of the dozen remaining plaintiffs who say the 4-month-old surcharge is an unconstitutional tax. The plaintiffs say the $15 monthly surcharge, designed to raise the $230,000 necessary to help fund the city’s public safety program, is an end run around last November’s defeated $2.8 million fire levy. Attorney Karen Williams, of the Portland law firm Lane Powell Spears Lubersky, represents the plaintiffs who claim they are victims of "taxation without representation." Williams is the daughter of plaintiff Al Reiss, who owns residential property in the city’s surcharge area. Williams declined to answer questions about how any of the five plaintiffs came to be listed on the lawsuit. The Oregon State Bar referred Portland attorney Mitch Hornecker of Schwabe Williamson and Wyatt to discuss how plaintiffs are named to lawsuits and come to be removed. Hornecker, a former Medford resident, said sometimes plaintiffs have second thoughts and request their suits be dismissed prior to trial. But, he said, it is unusual and irregular for plaintiffs to be named to actions in which they were not, at least initially, willing participants. "Lawyers are usually pretty sure the plaintiffs want to be named. They are their clients," said Hornecker. Murdoch insists neither he nor his wife were advocating any position regarding the surcharge. "I’m a fairly new resident to Jacksonville and I’m not going to come out with a strong position. I haven’t researched the issue," said Murdoch. After receiving the unwelcome news he and his wife had been named as plaintiffs, Murdoch said he phoned Williams and demanded she immediately withdraw their names. Murdoch says being named in the lawsuit was particularly distressing because he works with two people directly affected by it. Mayor Jim Lewis operates a liquor store within Gary R. West Meats. And one of the firefighters whose job depends on funding from the surcharge also works at Murdoch’s family-owned business. "Can someone just say you’re a party and that’s it?" said Murdoch. "I’m not sure this isn’t actionable." Hornecker said Murdoch could file a non-judicial ethical complaint against Williams, or, if he felt there were provable damages, file a lawsuit. "However, there is great protection afforded to protect people who act on a reasonable belief and not malice," said Hornecker. The three other plaintiffs listed in the dismissal motion — Margaret Ekerson, Jean Justinian and Donita Robertson — could not be reached for comment. Reach reporter Sanne Specht at 776-4497 or e-mail [email protected] . Printer Friendly Version Email Story to a Friend Subscribe Archive: Click to Search Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright © 1997-2003 Mail Tribune. All rights reserved. Privacy Policy | Terms & Conditions Website Feedback A D V E R T I S E R S SPECIAL SECTIONS Rogue Valley Auto Finder Rogue Valley Job Finder --> Rogue Valley Home Finder Joy Magazine Homelife Magazine Tempo Real Estate Showcase Food for Thought Hike of the Week Wellness Connection Outdoor Journal Moving to Southern Oregon? Volunteer Openings Prime Times