Injunction filed on SCWD-Collier suit

Jackson County filed a request for declaratory judgment with the Circuit Court for Jackson County naming the Shady Cove Water District and James (Jim)  Collier as defendants on Jan. 6.

In the summons, the county said:
•Jackson County is not obligated to determine the validity of any claimed indebtedness of the Shady Cove Water District;
• Any disputes concerning the claimed indebtedness, if any, remain between Mr.Collier and the District board; and that
• Plaintiff (Jackson County) shall hold an election on the Petition for dissolution of Shady Cove Water District to take place at the next available election date pursuant to ORS 198.935(2).

On Jan. 20, the court ruled in Jackson County’s favor and granted a temporary injunction preventing the March 2010 election.  The next available election date is in May. In the interim, the judge will have an opportunity to determine the validity of the election.

Phillip Keith, President, of the Shady Cove Water District Board of Commissioners, said the judge also indicated he would set a hearing date sometime around the middle of March. This would be an effort to have a decision in time for the dissolution initiative to appear on the May ballot.

The current judgment and subsequent temporary injunction stem from a petition had been signed by Shady Cove residents Gary Endicott and John Burgess and filed with the county clerk to dissolve the district by a vote of the electorate. The district said “there are no outstanding bonds, coupons or other indebtedness.”

Collier claims a debt against the district in the amount of $16,700 and further claims holding an election would be illegal and that the county would be liable for such an election.

A date for SCWD and Collier to appear before judge on any SCWD indebtedness has not been determined, but Keith said it is likely to be sometime during mid-March.
By Nancy Leonard
Of the Independent

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