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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (June 23, 2017)
2A THE DAILY ASTORIAN • FRIDAY, JUNE 23, 2017 Judge rules against Westerlund’s attempt to dismiss claims in log fi ght Complex legal case at the Port million, and that $1.5 million of the payment was to release Westerlund and Astoria For- est Products from claims by China National. The com- pany is seeking $1.5 mil- lion in mitigation damages from Westerlund, and claims that David Westerlund is also personally liable for the damages as a guarantor of the log-handling contract. Westerlund has claimed the $1.5 million is not recov- erable under general contract rules, and that legal guide- lines preclude Murphy from claiming the equipment is worth less than $2.5 million. “The c ourt fi nds that there is a genuine dispute of mate- rial fact as to whether the $1.55 million payment to China National was an over- payment for (Westerlund’s) equipment, as the West- erlund p arties insist, or in exchange for China Nation- al’s release of claims, as the Murphy p arties assert,” Judge Michael Simon wrote in his denial of Westerlund’s attempt. By EDWARD STRATTON The Daily Astorian A federal judge has denied David Westerlund’s attempt to dismiss claims brought by Astoria Forest Products in a complicated legal dispute over log operations at the Port of Astoria. Westerlund, owner of Westerlund Log Handlers, helped bring log exports back to the Port of Astoria in 2010 after a long hiatus. But sev- eral years into the new ven- ture, Westerlund had ended a log-handling contract and became embroiled in a lawsuit with the large, state-owned construction fi rm China National Building Materi- als Corp. China National bought many of Westerlund’s logs and loaned the company money for its equipment. Dennis Murphy, of Mur- phy Overseas USA and Asto- Edward Stratton/The Daily Astorian A federal court is reviewing a legal fight between West- erlund Log Handlers and Astoria Forest Products. ria Forest Products, stepped in, allegedly paying $2.5 million three years ago to settle the case and release liens on Westerlund Log Handlers’ equipment. The two parties then signed their own contract, with Westerlund transport- ing, storing, processing and preparing logs procured by Murphy for export. But the partnership quickly soured and resulted in dual lawsuits by each side that have since been consolidated. T he Murphy parties claim the equipment the company paid for was only worth $1 FIVE-DAY FORECAST FOR ASTORIA TONIGHT SATURDAY SUNDAY 85 57 56 A star-studded sky Times of clouds and sun Sun and areas of low clouds First Salem 58/100 Newport 55/78 June 30 Coos Bay 58/81 Last July 8 Source: Jim Todd, OMSI TOMORROW'S TIDES Astoria / Port Docks Time 8:36 a.m. 8:28 p.m. Low -1.9 ft. 2.1 ft. Ontario 54/92 Burns 42/89 Klamath Falls 52/96 Lakeview 50/93 Ashland 65/104 REGIONAL CITIES City Baker City Bend Brookings Eugene Ilwaco Klamath Falls Medford Newberg Newport North Bend Today Hi Lo 80 41 84 49 74 54 91 54 70 59 92 52 103 64 92 62 72 55 75 58 W s s s s s s s s s s Sat. Hi Lo W 85 43 s 89 53 s 66 55 s 99 57 s 76 62 s 96 56 s 108 70 s 98 64 s 78 54 s 76 57 s City Olympia Pendleton Portland Roseburg Salem Seaside Spokane Springfi eld Vancouver Yakima Hi 83 85 91 97 92 74 82 93 90 89 Today Lo 52 53 62 61 58 57 56 53 60 54 W s s s s s s s s s s Sat. Hi Lo W 91 55 s 91 58 s 98 66 s 106 64 s 100 61 s 85 61 s 87 60 s 100 57 s 96 65 s 94 57 s TOMORROW'S NATIONAL WEATHER NATIONAL CITIES Today Lo 73 69 60 51 55 61 77 54 74 60 56 87 64 70 80 69 77 72 61 73 63 60 58 59 76 Baker 41/85 Forecasts and graphics provided by AccuWeather, Inc. ©2017 Tonight's Sky: The new moon will be at 7:31 p.m. Enjoy the moonless night sky. Hi 88 84 82 68 79 79 109 72 86 78 79 114 81 81 90 82 87 84 88 87 85 88 75 81 88 La Grande 46/86 Roseburg 61/106 Brookings 56/68 July 16 John Day 51/89 Bend 49/89 Medford 64/108 UNDER THE SKY High 10.0 ft. 8.0 ft. Prineville 47/93 Lebanon 55/102 Eugene 54/99 Full Pendleton 53/91 The Dalles 58/97 Portland 62/98 Sunset tonight ........................... 9:11 p.m. Sunrise Saturday ........................ 5:25 a.m. Moonrise today ........................... 5:20 a.m. Moonset today ........................... 8:46 p.m. City Atlanta Boston Chicago Denver Des Moines Detroit El Paso Fairbanks Honolulu Indianapolis Kansas City Las Vegas Los Angeles Memphis Miami Nashville New Orleans New York Oklahoma City Philadelphia St. Louis Salt Lake City San Francisco Seattle Washington, DC 63 53 Tillamook 61/89 SUN AND MOON Time 1:27 a.m. 2:58 p.m. 65 54 Shown is tomorrow's weather. Temperatures are tonight's lows and tomorrow's highs. ASTORIA 56/85 Precipitation Thursday .......................................... 0.00" Month to date ................................... 2.44" Normal month to date ....................... 2.06" Year to date .................................... 49.57" Normal year to date ........................ 35.42" June 23 Sunshine and cooler TUESDAY REGIONAL WEATHER Astoria through Thursday. Temperatures High/low ....................................... 71°/45° Normal high/low ........................... 65°/51° Record high ............................ 79° in 1926 Record low ............................. 41° in 1965 New 72 56 Plenty of sunshine ALMANAC MONDAY W c t t pc pc t s pc sh t t s pc r pc t t t t t t s pc s t Hi 82 83 75 75 78 77 95 73 84 75 80 113 80 82 91 84 88 86 82 88 81 91 71 89 89 Sat. Lo 69 67 53 52 52 55 74 51 74 54 56 88 65 64 80 59 75 70 62 68 60 61 56 62 70 Shown are noon positions of weather systems and precipitation. Temperature bands are highs for the day. W t pc pc c pc pc pc sh sh s c s pc pc pc pc t r pc r s s pc s r Matt Winters/EO Media Group The Chinook canoe Skakwal brought the First Salmon ashore at Chinook Point. In the canoe from left to right, Chinook youth Sam Johnson, tribal member Ray Hawks (son of recently deceased tribal leader Phillip Hawks), Councilwoman Jane Pulliam, Councilman (and former Chairman) Gary C. Johnson. The site — now part of Fort Columbia State Park — was the location of one of the most important Chinook villages. Chinook welcome ‘First Salmon’ EO Media Group FORT COLUMBIA, Wash. — Members of the Chinook Indian Nation carried out one of the most important ceremo- nies on their calendar of sacred events June 16 at Chinook Point in Fort Columbia State Park by welcoming a symbolic “First Salmon.” Meant to thank salmon for the role the fi sh play in ensur- ing survival of the Columbia estuary tribe, the ceremony consists of a Chinook salmon being delivered to shore in a cedar canoe to the sounds of drumming and chants. This year there were gray skies left over from an unusually strong June storm the day before, but the river was calm and the canoe arrived at about 10:30 a.m. to be greeted by a crowd of about 75. Carried to a knoll above the beach, the salmon was pre- pared according to ancient tra- ditions, which were explained by Tribal Chairman Tony Johnson of South Bend. Johnson also spoke of the tribe’s continuing efforts to regain formal tribal status with the U.S. Bureau of Indian Affairs, a designation granted in the closing days of Presi- dent Bill Clinton’s administra- tion and then rescinded under President George W. Bush . The tribe has retained the ser- vices of a law fi rm that John- son said is charging nothing for services which might ordi- narily cost $1 million. Matt Winters/EO Media Group Newly elected Councilwoman Rachel Cushman White Eyes, elder Scott Seiler and Councilman Sam Robinson welcome the First Salmon ashore with other members and guests of the community. The event is of signature impor- tance to the Pacific-Clatsop-Wahkiakum county tribe and others throughout the Pacific Northwest. Paying tribute to the salmon is considered part of a sacred contract with the fish, on which Indians depended for survival. Matt Winters/EO Media Group Chinook Indian Nation Chairman Tony Johnson and other tribal members drummed and chanted in preparation for the arrival of a ceremonial salmon, standing in for all the salmon runs that fed the tribe for thousands of years. ON THE RECORD DUII • At 8:13 p.m. Wednesday, Thomas Robinson, 71, of Sea- side, was arrested by the Sea- side Police Department on the 20 block of North Wah- anna Road and charged with driving under the infl uence of intoxicants . • At 1:29 a.m. Thursday, Jose Manuel Barnabe Her- nandez, 19, of Forest Grove, was arrested by the Clatsop County Sheriff’s Offi ce on U.S. Highway 26 in Seaside and charged with DUII, three counts of recklessly endanger- ing another person, reckless DEATH LOTTERIES June 22, 2017 HOLDEN, Lottie Gayle, 55, of Cannon Beach, died in Cannon Beach. Ocean View Funeral & Cremation Service of Astoria is in charge of the arrangements. PUBLIC MEETINGS Weather (W): s-sunny, pc-partly cloudy, c-cloudy, sh-showers, t-thunderstorms, r-rain, sf-snow fl urries, sn-snow, i-ice. MONDAY Cannon Beach City Council, 8:30 a.m., work ses- sion, City Hall, 163 E. Gower St. C h a r t Yo u r C o u r s e Register Now! For Summer Term Classes begin June 26th Contact Student Services at driving and criminal mischief. • At 11 p.m. Thursday, Sean Michael Dunagan, 31, of Astoria, was arrested by the Clatsop County Sheriff’s Offi ce on the 1600 block of Southeast Ensign Lane and charged with DUII and unlaw- ful possession of heroin. OREGON Thursday’s Pick 4: 1 p.m.: 4-5-7-7 4 p.m.: 1-6-2-4 7 p.m.: 5-3-8-5 10 p.m.: 3-2-8-4 WASHINGTON Thursday’s Daily Game: 0-7-9 Thursday’s Keno: 07-08-09-11-21-24-27-32- 35-40-50-51-54-55-58-71-73-75-78-79 Thursday’s Match 4: 02-09-17-18 OBITUARY POLICY The Daily Astorian publishes paid obituaries. The obituary can include a small photo and, for veterans, a fl ag symbol at no charge. 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