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CapitalPress.com
Friday, November 1, 2019
Judge refuses to sanction vineyard over marijuana allegations
Neighbors claimed to
be falsely accused of
commercial activity
By MATEUSZ PERKOWSKI
Capital Press
An Oregon marijuana
producer has failed to con-
vince a federal judge to
impose sanctions on a neigh-
boring vineyard for making
allegedly false claims in a
racketeering lawsuit.
Senior U.S. District
Judge Anna Brown has
ruled that Richard Wagner
and his parents, who own
the marijuana property, hav-
en’t proven the complaint
filed by the Momtazi family,
which owns the vineyard,
is “frivolous, legally unrea-
sonable, or without factual
foundation” as required for
sanctions.
Earlier this year, the
Momtazo family claimed
the Wagners were violating
the federal Racketeer Influ-
enced and Corrupt Orga-
nizations Act, or RICO, by
growing and processing
marijuana on their land in
Yamhill County.
The complaint alleges
the “stench” from the adja-
cent marijuana operation
has caused a vineyard cus-
tomer to cancel an order of
wine grapes due to fears of
contamination.
Because
marijuana
remains illegal under federal
law, the complaint claims
the Wagners have engaged
in a “pattern of racketeer-
Mateusz Perkowski/Capital Press File
A federal judge has
refused to sanction an
Oregon vineyard for
making
allegations
against a neighboring
marijuana operation.
ing” and seeks compen-
sation for three times the
alleged damages caused by
the marijuana operation.
The Wagners filed a
motion asking the judge
to dismiss the lawsuit and
order the Momtazi family
to reimburse them for liti-
gation expenses as a sanc-
tion for making “numerous
misrepresentations of fact,”
such as claiming the prop-
erty is producing marijuana
“in any commercial capacity
whatsoever.”
“To date, Richard Wagner
has only grown marijuana
plants on the Wagner Prop-
erty for his own personal use
as a registered medical mari-
juana patient under the State
of Oregon Medical Mari-
juana Program,” the motion
said.
The Wagners say they
have never commercially
produced marijuana, don’t
have an Oregon license to
China may buy more U.S. apples
ney, also said photos posted
on social media detail the
“marijuana-related
con-
struction, growing and har-
vested marijuana plants and
marijuana concentrates, all
on the Wagner Property.”
“Plaintiff and its coun-
sel were entitled to rely on
the totality of the evidence
available to them at the time
the Complaint was filed,
and such evidence supports
the factual allegations in the
Complaint,” McCart said.
In her order, Judge Brown
determined the Wagners
“from an objective perspective
failed to meet their burden”
that the Momtazi family’s
allegations were unfounded
and that the plaintiff hadn’t
“conducted a reasonable and
competent inquiry before fil-
ing the Complaint.”
Farmers told to
start early on getting
Columbia River water
By DAN WHEAT
Capital Press
43-2-3/999
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
11/11/2019. The sale will be held
at 10:00am by
ALLSTATE INSURANCE CO (WEST)
2885 NATIONAL WAY WOODBURN, OR
2018 V W TIGUAN 4DR
VIN= 3VV2B7AX9JM001235
Amount due on lien $1,435.00
Reputed owner(s)
JUDY KAY COLLINS
V W CREDIT INC
43-2-3/999
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
11/11/2019. The sale will be held
at 10:00am by
SAFECO INSURANCE
2885 NATIONAL WAY WOODBURN, OR
2015 NISSAN ROGUE UT
VIN= 5N1AT2MVXFC925935
Amount due on lien $1,435.00
Reputed owner(s)
TRACY H MA & LEIN H THACH
CLACKAMAS FEDERAL C.U
43-2-3/999
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
11/11/2019. The sale will be held
at 10:00am by
LIBERTY MUTUAL INSURANCE CO
2885 NATIONAL WAY WOODBURN, OR
2015 TOYOTA SIENNA VAN
VIN= 5TDJK3DC9FS114735
Amount due on lien $1,435.00
Reputed owner(s)
ROLLAND O’CONNOR
TOYOTA MOTOR CREDIT CORP
43-2-3/999
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
11/04/2019. The sale will be held
at 10:00am by
LIBERTY MUTUAL INSURANCE CO
2885 NATIONAL WAY WOODBURN, OR
2014 NISSAN PATHFINDER UT
VIN= 5N1AR2MM3EC630938
Amount due on lien $1,835.00
Reputed owner(s)
GUILLERMINA BAUTISTA LUNA
ALASKA USA FEDERAL C.U
43-2-3/999
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
11/04/2019. The sale will be held
at 10:00am by
ESURANCE
2885 NATIONAL WAY WOODBURN, OR
2013 AUDI AS4 4DR
VIN = WAUBGAFL9DA187084
Amount due on lien $1,835.00
Reputed owner(s)
MICHAEL G LEBRUN
V W CREDIT LEASING LTD
43-2-3/999
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
11/11/2019. The sale will be held
at 10:00am by
ALLSTATE RAPID SETTLEMENT
2885 NATIONAL WAY WOODBURN, OR
2012 NISSAN LEAF 4DR
VIN = JN1AZ0CP2CT022803
Amount due on lien $1,435.00
Reputed owner(s)
KRYSTYNAH JAMIE ZIERLE SPARKS
AMERICAN CREDIT ACCEPTANCE
43-2-3/999
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
11/11/2019. The sale will be held
at 10:00am by
AMERICAN NATL PROPERTY &
2885 NATIONAL WAY WOODBURN, OR
2017 NISSAN MAXIMA 4DR
VIN = 1N4AA6AP8HC371990
Amount due on lien $1,435.00
Reputed owner(s)
JORGE LUIS SAUCEDO II PRESTIGE
FINANCIAL SERVICES INC
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
11/11/2019. The sale will be held
at 10:00am by
LIBERTY MUTUAL INSURANCE CO
2885 NATIONAL WAY WOODBURN, OR
2010 AUDI Q5 UT
VIN= WA1KAFP1AA034844
Amount due on lien $1,435.00
Reputed owner(s)
KRISTIN J W & ANDREW P KILSHAW
AUDI FINANCIAL SERVICES
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
11/11/2019. The sale will be held
at 10:00am by
LIBERTY MUTUAL INSURANCE CO
2885 NATIONAL WAY WOODBURN, OR
2016 AUDI Q5 UT
VIN= WA1L2AFPXGA049593
Amount due on lien $1,435.00
Reputed owner(s)
STEVEN R & JODI R WILKINS
ONPOINT COMMUNITY C.U.
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
11/04/2019. The sale will be held
at 10:00am by
SAFECO INSURANCE
2885 NATIONAL WAY WOODBURN, OR
2016 H.D FLHR MC
VIN = 1HD1FBM10GB651739
Amount due on lien $1,835.00
Reputed owner(s)
WAYNE MICHAEL ELLIOTT
EAGLEMARK SAVINGS BANK
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
11/04/2019. The sale will be held
at 10:00am by
LIBERTY MUTUAL INSURANCE CO
2885 NATIONAL WAY WOODBURN, OR
2016 HONDA CR V UT
VIN = 2HKRM4H53GH685238
Amount due on lien $1,835.00
Reputed owner(s)
BRIAN D BANGERTER
AMERICAN HONDA FINANCE CORP
43-2-3/999
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
11/04/2019. The sale will be held
at 10:00am by
LIBERTY MUTUAL INSURANCE CO
2885 NATIONAL WAY WOODBURN, OR
2012 AUDI A 5 CP
VIN = WAULFAFR8CA044198
Amount due on lien $1,835.00
Reputed owner(s)
FREDERICK M & HEIDI M BAUM
AUDI FINANCIAL SERVICES
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
11/04/2019. The sale will be held
at 10:00am by
43-2-3/999
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
11/04/2019. The sale will be held
at 10:00am by
LIBERTY MUTUAL INSURANCE CO
2885 NATIONAL WAY WOODBURN, OR
2016 JEEP WRANGLER 4W
VIN = 1C4BJWEG7GL153868
Amount due on lien $1,835.00
Reputed owner(s)
MAX ALATRISTE
US BANK NA
43-2-3/999
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
11/04/2019. The sale will be held
at 10:00am by
LIBERTY MUTUAL INSURANCE CO
2885 NATIONAL WAY WOODBURN, OR
2017 NISSAN ROGUE 4DR
VIN= KNMAT2MVXHP530055
Amount due on lien $1,835.00
Reputed owner(s)
ANTONIO SIQUEIROZ MATA
OREGON COMMUNITY C.U
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
11/08/2019. The sale will be held
at 10:00am by
REVIS KEIZER AUTOMOTIVE
6558 WHEATLAND RD N KEIZER, OR
2007 DODGE CALIBER 4DR
VIN = 1B3HB48BX7D504344
Amount due on lien $624.00
Reputed owner(s)
KRISTOPHER LEE FAILE
UNITED FINANCO CO
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
11/11/2019. The sale will be held
at 10:00am by
NATIONAL BUILDERS
2885 NATIONAL WAY WOODBURN, OR
2007 DODGE 2500 PU
VIN = 3D7KS29C77G7129I7
Amount due on lien $1,435.00
Reputed owner(s)
JOE D REUTOV
ONPOINT CCU
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
11/11/2019. The sale will be held
at 10:00am by
METROPOLITAN P & C
2885 NATIONAL WAY WOODBURN, OR
2011 TOYOTA PRIUS 4DR
VIN= JTDKN3DU0B0270227
Amount due on lien $1,435.00
Reputed owner(s)
PETER L & AMANDA K VERONESI
OREGON STATE CU
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
11/04/2019. The sale will be held
at 10:00am by
LIBERTY MUTUAL INSURANCE CO
2885 NATIONAL WAY WOODBURN, OR
2016 KIA OPTIMA 4DR
VIN= 5XXGT4L33GG063895
Amount due on lien $1,835.00
Reputed owner(s)
TYLER E MCCLURE
FINANCIAL PARTNERS C.U
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
11/04/2019. The sale will be held
at 10:00am by
LIBERTY MUTUAL INSURANCE CO
2885 NATIONAL WAY WOODBURN, OR
2016 TOYOTA SCION 4DR
VIN = 3MYDLBZV5GY110269
Amount due on lien $1,835.00
Reputed owner(s)
A. MARTINEZ &
D. RICHARDSON COPART
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
11/04/2019. The sale will be held
at 10:00am by
TRAVELERS INDEMNITY CO
2885 NATIONAL WAY WOODBURN, OR
2012 HONDA CR V UT
VIN = 5J6RM3H37CL019086
Amount due on lien $1,835.00
Reputed owner(s)
MEI SHAN &
CUI TING HUANG
43-2-3/999
ESURANCE
2885 NATIONAL WAY WOODBURN, OR
2009 DODGE 1500 PU
VIN= 1D3HV13T69S725868
Amount due on lien $1,835.00
Reputed owner(s)
ALEXIS RAFAEL ARGUELLO
43-2-3/999
43-2-3/999
43-2-3/999
China trade war.
Fryhover said he was “amazed”
exports held up that well.
“It’s a testament to our quality and
aspiring consumers in China. I don’t
think that will change. I think we
should anticipate a similar season to
last year,” he said, adding Washington
has a larger crop and greater need to
export.
Fruit quality, color and size distri-
bution and new varieties will all be
attractive, he said.
Meanwhile, exports to India hit
8 million boxes in 2017-18 because
India banned Chinese apples and
because Indian importers were antic-
ipating an increase in India’s tariff on
U.S. apples from 50% to 70%. That
happened in June. Shipments this sea-
son totaled 2.6 million boxes. Fry-
hover expects 2 million to 2.5 million
this season as Europe, still with just a
50% tariff, moves in.
43-2-3/999
43-2-3/999
from Washington, Oregon and Idaho
were allowed into China in 1993.
Shipments to China and Hong Kong
peaked at 3 million, 40-pound boxes,
worth about $55 million, in the 2010-
2011 sales season.
China banned U.S. apples from
Aug. 9, 2012, to Oct. 31, 2014, cit-
ing post-harvest disease in ship-
ments. Washington industry officials
believed the real reason was to pres-
sure the U.S. into accepting Chinese
Fuji apples.
The industry realized a 20-year
goal in January 2015 when China
agreed to accept all U.S. apples and
the U.S. agreed to accept Chinese
apples. The Washington industry was
hopeful of a 10 million-box, $250 mil-
lion market within several years.
Exports reached 1.7 million boxes
in 2017. Sales dropped to 900,000
boxes in the 2018-19 season because
of a 50% China tariff in the U.S.-
43-2-3/999
Dan Wheat/Capital Press File
Red Delicious apples, like these being packed at Olympic Fruit in Moxee,
Wash., have been the main U.S. variety going into China for the past two
decades. The prospect of more apples going to China was raised with the
latest trade talks.
43-2-3/999
MOSES LAKE, Wash. —
Landowners in Eastern Wash-
ington seeking to replace
declining wells should start
now if they want to bring
Columbia River water to their
farms, irrigation district repre-
sentatives say.
“It’s important to start
early with these processes,”
said Jed Crowther, devel-
opment coordinator for the
East Columbia Basin Irriga-
tion District, based in Othello,
Wash. “They’re not extremely
difficult, they just take some
time. It’s important for land-
owners to have these steps
completed as soon as they can
so they can fully participate
with their neighbors in devel-
oping a system that will serve
those acres that are eligible.”
Crowther spoke during
the Columbia Basin Develop-
ment League annual meeting
Oct. 29 in Moses Lake, Wash.
Eight delivery systems are
currently anticipated. Land-
owners have several options,
Crowther said:
• The irrigation district can
design it.
• A landowner-led group
can design it.
• The irrigation district or
a consultant can offer design
options.
• The U.S. Bureau of Rec-
lamation can step in after 30%
of the design is in place from
the other three options.
43-2-3/999
By MATTHEW WEAVER
Capital Press
43-2-3/999
43-2-3/999
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
11/11/2019. The sale will be held
at 10:00am by
SAFECO INSURANCE
2885 NATIONAL WAY WOODBURN, OR
2015 V W GTI 4DR
VIN= 3VW5T7AU1FM001720
Amount due on lien $1,435.00
Reputed owner(s)
NICHOLAS IAN BUSS
43-2-3/999
LEGAL
PURSUANT TO ORS
CHAPTER 87
Notice is hereby given that the
following vehicle will be sold,
for cash to the highest bidder, on
11/11/2019. The sale will be held
at 10:00am by
SAFECO INSURANCE
2885 NATIONAL WAY WOODBURN, OR
2017 SUBARU OUTBACK UT
VIN= 4S4BSAFC6H3327101
Amount due on lien $1,435.00
Reputed owner(s)
GRANT A & SARAH M GIBSON
FIRST COMMUNITY C.U
All options must meet
bureau standards to be
accepted and require dis-
trict oversight and review,
Crowther said.
Landowners also must
have their water rights
reviewed by the state Depart-
ment of Ecology, Crowther
said.
In addition, each delivery
system will need some level
of environmental review.
Upon application by the
landowner, the district will
certify that land is within and
able to be serviced by the fed-
eral Columbia Basin Project.
Crowther warned that the
process can require “lengthy
hearing procedures” to have
land included if it was previ-
ously excluded.
Some land may need to be
reclassified with changes in
irrigation technology. Land-
owners must submit an appli-
cation, which will be reviewed
by the bureau.
Easement
acquisition
includes cultural resource and
historic preservation studies,
title review, surveying and
easement deed preparation.
The irrigation district has
set a cap of $190 per acre per
year for 30 years as the land-
owners’ share of the deliv-
ery system construction costs.
That doesn’t include the cost
of water delivery, $65.90 per
acre this year.
So far, the state has
invested a little more than
$100 million in the Odessa
Groundwater Replacement
Program, including $36 mil-
lion to increase the capacity
of the East Low Canal, which
currently serves more than
1,000 farmers.
Landowner investment in
the systems is part of the bal-
ance, Crowther said. The dis-
trict is conducting outreach
through the USDA Natu-
ral Resource Conservation
Service to leverage the state
funds, he noted.
43-2-3/999
WENATCHEE, Wash. — China
apparently is preparing to buy more
Washington apples.
“Our China rep says custom
authorities and importers are working
together to try to increase imports,”
Todd Fryhover, head of the Washing-
ton Apple Commission, told Capital
Press.
China has a 60% tariff on U.S. tree
fruit in its trade war with the U.S. and
a ban on governmental buying of U.S.
agricultural products. But in the last
two weeks, President Donald Trump
has been saying China will lift its
ban and buy $40 billion to $50 billion
worth of U.S. agricultural products if
the U.S. forgoes planned tariff hikes.
Over the weekend, Chinese offi-
cials confirmed Trump and China
President Xi Jinping are expected to
sign a phase-one deal at an economic
meeting in Chile on Nov. 16-17,
Bloomberg reported.
China has resumed soybean pur-
chases and is buying a lot of pork as
it has lost pigs to disease, Bloomberg
reported.
“In general there’s optimism China
may respond to increasing ag imports.
Nothing concrete has changed but we
are hopeful with the signaling from
our rep in China and Trump that things
are more positive than not. So we’re
happy about that,” Fryhover said.
Mark Powers, president of the
Northwest Horticultural Council
in Yakima, said hopes are high for
an announcement in Chile. He said
there’s speculation the tariffs will be
reduced but that it’s hard to put much
stock in that.
“It’s a very dynamic situation.
Hopefully, we will have good news
and be able to ship more product to
our customers in China,” Powers said.
Red and Golden Delicious apples
grow the psychoactive plant
and haven’t constructed
commercial
greenhouses
on their property, contrary
to allegations in the RICO
lawsuit.
“Plaintiff and its attor-
ney are keenly aware that
the Wagner Property is not
operational for commer-
cial purposes, yet Plain-
tiff and its attorney have
refused to withdraw or cor-
rect these false allegations,”
the motion said.
In a response filing, the
Momtazi family’s attorney
countered that it’s irrele-
vant under RICO whether
the marijuana grown on the
Wagners’ property is medi-
cal or recreational since both
are illegal under federal law.
Rachel Kosmal McCart,
the Momtazi family’s attor-