From: Ellen Rogalin, Clackamas County Department of Transportation and Development, 503-742-4274 Date: 07-25-13

Clackamas County

Media and Interested Parties

Judge rules in favor of Mt. Hood CPO member, Clackamas County and two employees in Big Mountain Excavation Co. case

United States District Court Judge Michael H. Simon ruled in favor of a Mt. Hood CPO member, Clackamas County and two county employees.  In the ruling issued on July 22, Judge Simon granted summary judgment and rejected all claims by a construction company and two property owners and developers that their due process and equal protection rights under the First and Fourteenth amendments to the U.S. Constitution had been violated.

The construction company, Big Mountain Excavation Co., is located in Brightwood. The dispute related to actions taken and not taken by the county regarding the use of properties owned by the plaintiffs located along the Sandy River in Rhododendron and Welches.

Judge Simon dismissed all claims from Kip O'Connor, Lisa Konell and the Big Mountain Excavation Co. Throughout the 65-page opinion, the judge repeatedly stated that the plaintiffs "fail to establish a genuine issue of fact" or otherwise failed to make their case.

In addition to Clackamas County, the defendants were an area resident and member of the Mt. Hood Community Planning Organization (CPO), and two county employees, the floodplain manager and a code compliance specialist.

For more information, contact Tim Heider, 503-742-5911 or