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HAZE Temp: 47 °F Wind: CLM at 0 mph Thursday, November 21, 2002 SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics AP News Weather Classified Archives Site Map EXTRA HomeLife Magazine W3 Magazine Jobs @ Mail Tribune Tempo A & E Oregon CarZone Wellness Connection Real Estate 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 Contact Us Media Kit Email Story to a Friend September 30, 2002 Lawsuit may force citizens league to dissolve JCCL brand the Reeds’ action as a SLAPP suit aimed at putting the watchdog group out of business By JOHN DARLING for the Mail Tribune MEDFORD — The Jackson County Citizens League, a land-use watchdog group, says it is the victim of a punitive lawsuit and may have to dissolve if — as appears likely — it loses the case filed by a Sams Valley couple. At issue is recovery of $20,000 in legal fees sought by Coy and Penny Reed. League members and a soil scientist in December 1999 trespassed on the Reeds’ proposed homesite, gathering soil samples used to reverse the Reed’s building permit approval. The Reeds sought $5,500 damages for the trespass in April 2000. The league, a private, nonprofit group, didn’t contest the trespass but offered only $200, claiming the Reeds’ property suffered no damage from the acts and asking for a release from any claims. The trespassers were sued individually and settled out of court. The Reeds did not accept the league’s offer, but sued for legal fees. At the time of the trial five months later, the Reeds accepted a $200 settlement and claimed to be the "prevailing party" in the dispute — therefore entitled to recover legal fees. Circuit Court Judge G. Philip Arnold ruled that the Reeds were not a prevailing party because the league had offered to settle earlier. The Reeds had argued that the league’s earlier settlement offer was not valid because it contained conditions that the settlement not be made public. Arnold’s decision was reversed by the state Appeals Court, which ruled that any conditions nullify an offer of settlement. The league then asked the Appeals Court to reduce the award to the sum of all its available assets, $6,000, but the Reeds’ attorneys asked for the full amount, said the league’s attorney, Ralph Bloemers of Cascade Resource Advocacy Group, Portland. Meanwhile, the league has petitioned the state Supreme Court to review the case. The league in a Sept. 5 letter asked its members not to make any more donations, because, unless it gets a state Supreme Court review, which it said is very unlikely, it will be unable to pay the amount and will likely dissolve, said League President Sherman Lamb, a Talent vintner. "It is very likely," said the letter signed by the JCCL board, "that a new organization with similar concerns will arise if the formal JCCL ceases to exist and that organization will continue with similar goals and expertise." If the league dissolves, the Reeds may sue individual board members for recovery of the legal fees, said their attorney Ryan Vanderhoof of Hornecker, Cowling, Hassen & Heysell, Medford. League members brand the action as a SLAPP suit (Strategic Lawsuit Against Public Participation), aimed specifically at putting JCCL out of business and stopping their regular challenges to residential or other nonfarm building on farm and forest land. The Reeds roundly deny the charge, saying they’re seeking compensation because their home’s building permit application was set back a year (applicants have to wait a year to re-file), they were forced to get another expensive soil test and they suffered emotional distress from the trespass. Bloemers said compensation is only appropriate for trespassing if it interferes with the owners’ "use and enjoyment" of their land. "They didn’t have that right in the first place because this is high-quality farmland. They submitted testimony that it was low-quality farmland, when historical mapping has shown otherwise. So nothing was taken from them." League members trespassed to obtain soil samples after the Reeds got building approval based on samples showing the soil to be class 4, the poorest class of soil and unacceptable for farm use, Lamb said, even though the land is zoned EFU (exclusive farm use). In addition, the league had "successfully contested reports offered by this particular soil scientist." Lamb said the Reeds are pursuing a SLAPP suit with the intent of putting JCCL out of business. "They showed in settlement discussions with our lawyers that they want to put the league out of business and that it’s a matter of principle to them," said Lamb. Bloemers concurred, "It became clear to me that their intent has been to put the league out of business. They’re far more interested in this than in settling, and the lawyers seem to believe they are vindicating libertarian values about property." The Reeds denied the SLAPP charges. "No, I never said I wanted to put them out of business," said Coy Reed. "Their trespass messed us up and cost us a lot of money, and we wanted to punish them and see them change their ways." "We’ve got all kinds of reasons (to pursue legal fees)," said Penny Reed. "When you’re all excited to build and people come on your property and do that, how do you set a price on the emotional upset and frustration? The league is against a lot of people who try to get their rights to build. It’s full of older people who already have their dream home in the country and think all new building should be in town." If the Supreme Court takes the case, the Appeals Court would stay its judgment about the size of any awards of legal fees, Bloemers said. The awards relating to the trial here would be decided by Judge Arnold. John Darling is a free-lance writer living in Ashland. E-mail him at [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 1997-2002 Mail Tribune. All rights reserved. Privacy Policy webmaster feedback A D V E R T I S E R S