From: Frank Schoenfeld

Sent: Wed Oct 28 14:27:11 2020

To: Mac Corthell; Dan Huff; Gerald Fisher; Chaunee Seifried

Cc: Amy Lindgren; Spencer Parsons (spencer@gov-law.com)

Subject: RE: CHTC Update - Confidential Litigation

Importance: Normal

 

Thanks for the update and keeping us informed on this Mac. It is much appreciated and will answer some of the questions that have come up with my supervisors.

Thank You,

Chief

From: Mac Corthell <mcorthell@cityofmolalla.com>

Sent: Wednesday, October 28, 2020 9:40 AM

To: Dan Huff <dhuff@cityofmolalla.com>; Gerald Fisher <gfisher@cityofmolalla.com>; Frank Schoenfeld <fschoenfeld@molallapolice.com>; Chaunee Seifried <cseifried@cityofmolalla.com>

Cc: Amy Lindgren <alindgren@molallapolice.com>; Spencer Parsons (spencer@gov-law.com) <spencer@gov-law.com>

Subject: CHTC Update - Confidential Litigation

Hello All,

I wanted to provide you an update based on a meeting I had yesterday with all partners on the CHTC Inc (Columbia 410 LLC) issue.

  1. 1. The City Attorney filed a complaint in Clackamas County Circuit Court yesterday. As soon as we get a case number we will file the motion for preliminary injunction to cease operations pending outcome of the nuisance and land use issues at play.
  2. 2. DEQ has issued an order and civil penalty assessment that CHTC denied. DEQ has referred the issue to the Dept of Admin Hearings for an ALJ to hear the case. DEQ has also increased the fines due to CHTC’s continued operations.
  3. 3. Criminally, the air pollution 1 case would be contingent on the ALJ’s findings, so it will not proceed unless and until a favorable ruling is received. At that point it will be a matter of evidence and prosecutor discretion.
    1. a. Air pollution 2 is being considered at this point. It is a mere violation instead of felony like air 1, but much easier to prove and carries a max fine of $25k per violation day.
  4. 4. ODA has been more or less non-responsive regarding revocation of the Land Use Compatibility Statement. I was able to get the name of a contact in the director’s office yesterday from the DOJ attorney at the meeting. I intend to follow-up to determine what, if any, path exists to revoke an LUCS under changed circumstances and/or false information on the application.

 

For now, that’s all I have. Amy and/or Spencer please jump in if there is anything I’ve got wrong, or that you want to add. Thank you all.

-Mac

Macahan “Mac” Corthell, J.D. | Planning Director

City of Molalla

117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038

Phone - 503.829.6855

Fax – 503.829.3676

Email – mcorthell@cityofmolalla.com

Website – http://www.cityofmolalla.com

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