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

UnitedStates District Court Judge Michael H. Simon ruled in favor of a Mt. Hood CPOmember, Clackamas County and two county employees.  In the ruling issuedon July 22, Judge Simon granted summary judgment and rejected all claims by aconstruction company and two property owners and developers that their dueprocess and equal protection rights under the First and Fourteenth amendmentsto the U.S. Constitution had been violated.

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

JudgeSimon dismissed all claims from Kip O'Connor, Lisa Konell and the Big MountainExcavation Co. Throughout the 65-page opinion, the judge repeatedlystated that the plaintiffs "fail to establish a genuine issue offact" or otherwise failed to make their case.

Inaddition to Clackamas County, the defendants were an area resident and memberof the Mt. Hood Community Planning Organization (CPO), and two countyemployees, the floodplain manager and a code compliance specialist.

Formore information, contact Tim Heider, 503-742-5911 or

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