Saturday, November 19, 2011

PUD lawyers disqualified in Crescent Bar lawsuit

he attorneys representing the Grant County PUD have been disqualified in a lawsuit brought by Crescent Bar Island residents.

Jeffers Danielson Sonn and Aylward Law Firm, of Wenatchee, began representing the utility when the lawsuit began at the start of the year.

A federal judge agreed with the residents finding the attorneys had a conflict of interest.

Senior United States District Judge Justin L. Quackenbush, for the Eastern District of the State of Washington, signed the "order granting motion to disqualify defense counsel for Grant County PUD" on Wednesday.

"The law firm of Jeffers Danielson shall be disqualified from participation in defense of the claims of the (Crescent Bar Condominium Master Association) or (other island residents) aligned therewith," Quackenbush wrote in his order.

Quackenbush ordered Jeffers Danielson to "diligently assist" the PUD in finding new counsel. He allowed until Dec. 15 to complete a substitution of counsel.

Dale Foreman, attorney for the Crescent Bar Condominium Master Association, submitted the motion for disqualification on July 12. Quackenbush held a telephone hearing on the matter on Sept. 9. He directed the attorneys involved to file supplemental briefs arguing the motion.

Foreman became counsel for the Crescent Bar Condominium Master Association and discovered the group's representative Heather Trautmann initiated a series of contacts about representation with attorney Patrick Aylward, of Jeffers Danielson, on July 28, 2008. It was the basis for Foreman's claim of conflict of interest.

Foreman discovered Trautmann spoke with Aylward on the phone discussing "the scope of work" and "any potential conflicts" on July 31, 2008.

A conflict arose when Aylward told Trautmann that one of his partners had performed legal work for the PUD.

In his argument, Foreman wrote Trautmann documented her conversation with Aylward in an email to Crescent Bar Lease Committee members on Aug. 5, 2008. She wrote how they "spoke this morning at length about the issues we are facing."

Trautmann detailed her conversations with Aylward in emails. In one dated Aug. 10, 2008, she noted Aylward suggested the condo residents should separate themselves from the north park and south park residents.

On Aug. 19, 2008, Foreman noted the Crescent Bar Condominium Master Association board voted to hire Aylward, but it fell through when Aylward failed to get a waiver of conflict of interest from PUD general counsel Ray Foianini.

On Oct. 7, 2008, Trautmann wrote in another email saying he had come to the conclusion she would probably be "better served" with other counsel. Aylward lamented the decision and offered to help find new counsel.

"This will confirm you will not see me on the other side of the table. Now that we have spoken multiple times about the issue, we would be conflicted out of representing the PUD in this matter," Aylward wrote.

Aylward later wrote to Trautmann telling her the PUD hired one of his partners, Don Dimmit, and an associate, Michelle Green, in February of 2010 to work on Crescent Bar issues, according to Foreman.

Foreman argued that all Jeffers Danielson attorneys should be disqualified because they were "tainted" through their association with Aylward. Quackenbush agreed.

"The contacts Mr. Aylward had over the course of three months with Ms. Trautmann on behalf of the (Crescent Bar Condominium Master Association) on matters related to Crescent Bar Island and the promise Mr. Aylward gave the (Crescent Bar Condominium Master Association) they would not be found on 'other side of the table' require disqualification," Quackenbush wrote.

The Crescent Bar islanders' suit against the PUD was filed on Jan. 19, 2011. Their leases expire in the spring of 2012, and the PUD board of commissioners want the residents to leave.

The residents are asking for an injunction against any eviction action by the PUD.

Quackenbush reportedly said he believes more time, possibly until 2023, would be appropriate for resolution of this matter.

The next step in this proceeding is determining the PUD's new attorneys.

In another matter relevant to Crescent Bar residents, the Federal Energy Regulatory Commission (FERC) is backing away from an order to remove homes on properties within its Lake of the Ozarks project in Missouri.

In reaction to the FERC order, the Missouri congressional delegation introduced legislation in Congress and the Senate to curb the FERC's authority.

FERC officials are saying their July 26 order was misinterpreted. They are saying property rights were never in jeopardy.

"Property rights owners have in lands within the boundaries, whether conferred by deed, lease, easement or other conveyance, have not been and will not be altered by FERC's actions," the FERC wrote.

By Ted Escobar, Crescent Bar Chronicle

Source: Columbia Basin Herald

42 comments:

  1. Just want to say your article is as amazing. The clarity in your post is just
    spectacular and i can assume you are an expert on this subject.
    Fine with your permission allow me to grab your RSS feed to
    keep up to date with forthcoming post. Thanks a million and please
    continue the rewarding work.
    Also see my web page - mississauga condos

    ReplyDelete
  2. I used to be able to find good advice from your blog
    articles.

    My web page; http://allthescholarships.com/scholarships/transportation-association-of-canada-l1145.php

    ReplyDelete
  3. Just want to say your article is as astonishing. The clearness on your post is simply excellent and i can think you are a professional
    on this subject. Well together with your permission let me to take hold of your feed to
    keep up to date with imminent post. Thank you a million and please keep
    up the gratifying work.

    My blog :: http://korillolatino.com/blog/10635/the-opinions-of-adult-photographers-think-regarding-the-la-condom-law-known/

    ReplyDelete
  4. Magnificent site. A lot of helpful info here. I am sending it to a few pals ans also
    sharing in delicious. And of course, thank you on your effort!


    Also visit my web blog at grants

    ReplyDelete
  5. Amazing blog! Is your theme custom made or did you download it from somewhere?
    A theme like yours with a few simple adjustements would really make my blog jump out.
    Please let me know where you got your theme. Appreciate it

    Here is my web-site :: http://vintagewifemovies.com
    My website :: visit

    ReplyDelete
  6. For the reason that the admin of this website is working, no uncertainty very rapidly it will
    be renowned, due to its quality contents.

    Feel free to visit my web-site ... Inga cmelamian by leonardo
    my web page :: learn more

    ReplyDelete
  7. Hello There. I found your blog using msn. This is an extremely
    well written article. I'll make sure to bookmark it and come back to read more of your useful info. Thanks for the post. I will certainly return.

    Look at my weblog; View Web Page

    ReplyDelete
  8. Greetings, I do believe your website might be having browser compatibility issues.
    When I look at your site in Safari, it looks fine however when
    opening in IE, it's got some overlapping issues. I just wanted to give you a quick heads up! Other than that, excellent site!

    Feel free to surf to my web blog; click here

    ReplyDelete
  9. I enjoy reading a post that can make people think.
    Also, thank you for allowing for me to comment!


    Feel free to surf to my weblog - visit

    ReplyDelete
  10. This is really interesting, You are a very skilled blogger.
    I have joined your rss feed and look forward to seeking more of your great
    post. Also, I've shared your site in my social networks!

    Here is my weblog: after Gold Star Roller Derby A Fuckmance A Fuckingmachines Com Feature Movie

    ReplyDelete
  11. Very good info. Lucky me I discovered your website by chance
    (stumbleupon). I've book marked it for later!

    Check out my site Watch This Young Girl Describe Her Profession As A Chat Host - www.favolink.de

    ReplyDelete
  12. I do accept as true with all of the ideas you have presented to your post.
    They are very convincing and can certainly work. Nonetheless, the posts are too brief for beginners.
    May just you please lengthen them a bit from next time?
    Thanks for the post.

    Also visit my site ... Chiropractic medication for women with huge dd cup sizes

    ReplyDelete
  13. What's up to every body, it's my first pay a visit of this weblog; this webpage carries
    remarkable and in fact good data for visitors.

    Also visit my web page http://hugedds.com/index.php?own=2177517

    ReplyDelete
  14. I read this paragraph fully concerning the comparison of
    most up-to-date and earlier technologies, it's remarkable article.

    my blog post http://oldfucksyoung.org/index.php?ow...

    ReplyDelete
  15. Have you ever thought about adding a little bit more
    than just your articles? I mean, what you say is
    fundamental and everything. However think of if
    you added some great photos or video clips to give your
    posts more, "pop"! Your content is excellent but with images and videos, this blog could undeniably be one of the greatest
    in its niche. Great blog!

    Feel free to surf to my web-site: click here - hardfucked.org

    ReplyDelete
  16. Hey there! I've been following your blog for a long time now and finally got the courage to go ahead and give you a shout out from New Caney Tx! Just wanted to say keep up the fantastic work!

    Feel free to surf to my blog post ... More

    ReplyDelete
  17. Hmm is anyone else having problems with the pictures
    on this blog loading? I'm trying to determine if its a problem on my end or if it's
    the blog. Any suggestions would be greatly appreciated.


    Also visit my blog ... http://bighugebreasts.com/index.php?own=2173806

    ReplyDelete
  18. Thank you, I have recently been searching for information about this topic
    for a while and yours is the greatest I have discovered so far.
    But, what concerning the bottom line? Are you certain
    about the supply?

    my page; Free Porn Free Free Porn

    ReplyDelete
  19. Good day! Do you know if they make any plugins to safeguard against hackers?
    I'm kinda paranoid about losing everything I've worked hard
    on. Any recommendations?

    Look at my weblog: Visit website

    ReplyDelete
  20. It's hard to find experienced people in this particular topic, but you sound like you know what you're talking about!

    Thanks

    Feel free to surf to my weblog; http://thewhitegeek.com/index.php?do=/profile-738/info/

    ReplyDelete
  21. I every time spent my half an hour to read this weblog's articles all the time along with a mug of coffee.

    Here is my blog more

    ReplyDelete
  22. It's actually a cool and helpful piece of information. I'm happy that you just shared
    this useful information with us. Please stay us
    informed like this. Thank you for sharing.

    Stop by my web site; Http://Pornharvest.Com/Index.Php?M=2468088

    ReplyDelete
  23. My partner and I absolutely love your blog and find many
    of your post's to be just what I'm looking for. can you offer guest writers to write content for you?
    I wouldn't mind writing a post or elaborating on a number of the subjects you write with regards to here. Again, awesome web site!

    Feel free to visit my weblog: teen with natural big breasts plays with her pussy in the bathroom

    ReplyDelete
  24. Hello, all is going well here and ofcourse every one is sharing information, that's truly excellent, keep up writing.

    Visit my homepage in sex videos

    ReplyDelete
  25. Hey very nice blog!

    Here is my web page ... click this link now

    ReplyDelete
  26. What's up, after reading this remarkable article i am too delighted to share my familiarity here with friends.

    Feel free to surf to my web page http://chatclimax.com/live-sex-chat/cam-girls/AsianSexyTits

    ReplyDelete
  27. Hello just wanted to give you a quick heads up.
    The text in your post seem to be running off the
    screen in Internet explorer. I'm not sure if this is a format issue or something to do with web browser compatibility but I thought I'd post to let you know.
    The style and design look great though! Hope you get the issue
    solved soon. Many thanks

    Also visit my weblog ... visit

    ReplyDelete
  28. With havin so much content do you ever run into any issues
    of plagorism or copyright violation? My website has a lot of
    completely unique content I've either written myself or outsourced but it appears a lot of it is popping it up all over the internet without my permission. Do you know any solutions to help prevent content from being stolen? I'd definitely
    appreciate it.

    Here is my site; Click Here

    ReplyDelete
  29. I am in fact thankful to the holder of this site who has shared this wonderful post at at this place.



    Look at my web site: a porn tube

    ReplyDelete
  30. Touche. Great arguments. Keep up the amazing spirit.


    My weblog - http://pornharvest.com/index.php?q=nubiles+brook_logan&f=a&p=s

    ReplyDelete
  31. Hi! I've been following your blog for some time now and finally got the bravery to go ahead and give you a shout out from Austin Tx! Just wanted to say keep up the good job!

    my web site ... visit website

    ReplyDelete
  32. Hey just wanted to give you a quick heads up. The words in
    your article seem to be running off the screen in Firefox.
    I'm not sure if this is a formatting issue or something to do with internet browser compatibility but I figured I'd post to let you know.

    The design look great though! Hope you get the problem fixed soon.
    Kudos

    Review my web-site http://Pornharvest.com/index.php?m=2355005

    ReplyDelete
  33. Wow, that's what I was exploring for, what a material! existing here at this weblog, thanks admin of this web page.

    My page :: over Here

    ReplyDelete
  34. What's up, I read your blogs on a regular basis. Your humoristic style is witty, keep doing what you're doing!


    Feel free to surf to my weblog published here

    ReplyDelete
  35. Someone necessarily assist to make seriously articles
    I'd state. That is the very first time I frequented your website page and up to now? I surprised with the analysis you made to make this particular post incredible. Excellent activity!

    Also visit my web page http://www.sea-band.com/member/8243/

    ReplyDelete
  36. You could definitely see your enthusiasm within the article
    you write. The sector hopes for even more passionate writers
    such as you who are not afraid to mention how they believe.

    Always follow your heart.

    Look into my blog a review

    ReplyDelete
  37. If you desire to improve your knowledge only keep visiting this site and be
    updated with the latest gossip posted here.


    Feel free to visit my page: Aya aimaliani by dmitry Maslof

    ReplyDelete
  38. I do consider all the concepts you've introduced for your post. They're very convincing and can definitely work.

    Nonetheless, the posts are too brief for newbies.
    Could you please lengthen them a little from next time?
    Thanks for the post.

    Look into my blog post - the nude

    ReplyDelete
  39. I am curious to find out what blog platform you happen to be using?
    I'm having some minor security problems with my latest website and I'd like to find something more secure.

    Do you have any recommendations?

    My web page :: http://www.eatingcultures.com/tikiwiki-2.2/tiki-index.php?page=UserPagejennymore

    ReplyDelete
  40. Simply want to say your article is as surprising.
    The clarity in your post is simply spectacular
    and i could assume you are an expert on this subject. Fine with your permission let me to grab your RSS
    feed to keep up to date with forthcoming post.

    Thanks a million and please keep up the enjoyable work.

    my web site ... inez pops her breast out

    ReplyDelete
  41. Good post. I definitely appreciate this website. Keep it
    up!

    Feel free to surf to my site; http://pornharvest.com/index.php?m=2084093

    ReplyDelete
  42. Hi, i think that i saw you visited my weblog so i came
    to “return the favor”.I am attempting to find things to
    improve my site!I suppose its ok to use a few of your
    ideas!!

    my webpage :: http://pornharvest.com/index.php?m=2501257

    ReplyDelete

I thank for the comment!