Section
SANDY. OREGON THURSDAY, JUNE 10 1982
The
People
Home & Garden
Features
Area News
Realty company included in $210,000 lawsuit
by M IC H A EL P JONES
Port Correspondent
Bucher Realty has been added as a
third-party defendant in the 1210.06«
multiple-plaintiff suit against the
owners of the Bowman's Mt. Hood
Resort and the developer of its sub
division
A m eric an G u a ra n ty L ife In
surance Company and Rippling
River developer Carl Bright of
Welches are being sued by five in
dividuals and two Oregon corpora
tions for alleged misrepresentations
made about sewer assessments as
they pertain to lots sold at the Rippl
mg River development
The complaint, filed in circuit
court in Multnomah County on
F eb ru ary 12, 1981. is claim ing
damages for unlawful trade prac
tices and fraud ”
The individual plaintiffs in the case
include Edward B Lilly , who is seek
ing 126.860 in damages. Dale C.
Kresge of Brookpark Investment Co.,
who is seeking «28,532 in damages,
William J Harris, who is seeking
«33.529 in damages. John Bushman of
J B Properties, who is seeking
«30.030, and William Bushman of
Style Profile Homes Co , who is seek
ing «28.359 in damages
Corporate plaintiffs are Hartco
Properties Inc , seeking «28.860 in
damages, and Brookpark Homes
Inc , seeking «8,448 in damages.
Plaintiffs are seeking the cost of
the assessment on their property and
punitive damages, as well as at
torneys' fees
The land sales were made in the
years 1977 and 1978 while represen-
tatives of C lackam as County’s
utilities division, of the Department
of Environmental Services, attemp
ted to get a federal grant to pay for a
sewage treatment plant.
In a telephone interview last week
John R Bakkensen, one of the at
torneys representing the plaintiffs,
said that his clients were told they
would be buying into a ’’full service”
subdivision and the only cost was the
purchase of a «25,000 to «30,000 lot.
Bakkensen said the plaintiffs were
told that the new sewer plant was go
ing to be constructed with money
secured from a (pderal grant, and
they would only be paying a hook up
fee of about «400
"They had no idea they were going
to be assessed for the cost of the
sewer,” said Bakkensen
Bakkensen said American Guaran
ty and Bright are claiming the full
coat of the suit should be borne by
Bucher Realty, which was acting as
their sales representative.
On the other hand, said Bakkensen,
Bucher Realty is claiming that its
sales people were only repeating
what Bright had told them in regard
to the new sewege treatment plant
and assessments
They are claiming that American
Guaranty and its developer, Bright,
should be held accountable, not
them
Earlier this year, said Bakkensen,
American Guaranty and Bright
brought Bucher Realty into the suit
as a third party defendant.
The attorney for Bucher Realty
was not available for comment.
The trial date has been set for Oc
tober 11.
Plans at Brightwood Glen
include 347 units on 93 acres
by M IC H A EL P. JONES
Poat Correspondent
The third planned unit develop
ment proposed for the Cedar Ridge
area near Brightwood has officially
been unveiled by the p ro ject’s
engineers, Boatwright Engineering
of Salem
The proposed subdivision, known
as "Brightwood G len,” is owned by
the Real Estate Loan Fund of Oregon
Ltd., a subsidiary of the Mortgage
Bancorporation of Salem
Proposed for 93 acres located south
of Highway 26 between Blue Jay (just
east of the Salmon River bridge) and
M iller Road, is 347 units.
Also proposed for the complex are
four tennis courts, tw practice put
ting greens, four horseshoe pits,
pedestrian walkways and two deten
tion ponds
P r e lim in a r y p la n s fo r the
Brightwood Glen development have
been complete for close to a year
now, but the developers w ere
awaiting approval of the county’s
comprehensive plan by the state
Land Conservation and Development
Commission
The development is to be located in
the Cedar Ridge area, a large wood
ed tract of land which has been
amidst public controversy for nearly
ten years
Area residents, as well as com
m u n ity g ro u p s, had opposed
developments in this area, fearing
there would be degradation of habitat
for wildlife and birds, and the
destruction of what biologists from
the state Department of Fish and
Wildlife have identified as an impor
tant winter range for deer
In addition, it is feared the develop
ment of the Cedar Ridge area will
severely im p ac t the w etlands
reportedly in the area, as well as af
fect the water quality of the Salmon
River.
Each of these claims, according to
reports of the developers, are un
founded.
In the preliminary environmental
assessment statem ent (E .A .S .)
prepared by the developers, they
took issue with the fish and wildlife
department’s claim that the propos
ed subdivision would destroy a
winter deer range.
The Brightwood Glen project area,
a c c o rd in g to the d e v e lo p e rs
preliminary E.A.S., is only a “ very
lim ited big game summer tim e
habitat.”
The E.A.S. reports the area is not a
unique or significant habitat for
wildlife, nor does it provide a nesting
area for birds.
The developers acknowledged that
the proposed development area does
provide a food source for wildlife but
claim that it does not provide a water
source
P ast re p o rts co n d u cted by
biologists of the fish and wildlife
department contradicts the E.A.S.
findings, and is steadfast against
development in the area.
Comments on Brightwood Glen
have been sent out to citizen planning
organizations that are located in
close proximity of the proposed
development, as well as to public
agencies the planning staff has deter
mined would be impacted.
The county has set June 16 as a
deadline for comments on the project
and will include the responses in a
staff report that will be submitted
when the project goes before a hear
ings officer for a conditional use per
mit.
The hearing for the Brightwood
Glen’s development conditional use
permit had not been set by press
time.
Groups prepare, hearings near
on June 14 Mt. Hood plan
by M IC H A E L P. JONES
Post Correspondent
NO
PARKING
they could conduct a study of all
wetlands, especially when combin
the property to be affected.
ed with limitation on locations of
The commissioners denied the
septic tanks and drainfields and
Mt. Hood residents and citizen
request and so the revisions, as
the provisions of the Zoning Or
planning organizations, as well as
drafted by the planning staff, will
dinance Section 1002.6,” wrote
other groups in the corridor, are
be scrutinized in three public hear
Stevenson.
gearing up for the June 14 hearing
ings.
Beth B aker expressed her
before the Clackamas County plan
Wetland Concerns
dissatisfaction with the response
ning commission concerning revi
The Environmental Committee
and said the RNG "wishes they
sions to area’s 1976 plan.
On Suitability, the Mountain Area
(the county) would adhere to the
The Sane Economic Develop
Corridor Citizens, and the RNG,
1976 plan, which really granted
ment Association (SED A ), along
have raised concerns both over the
protection to wetlands.”
w ith
th e
R h o d o d e n d ro n
protection of wetlands and their
“The county still hasn’t gotten
Neighborhood Group and the Mt.
designations
the message that we don’t want
Hood Corridor CPO, has criticized
ECOS and MACC are objecting
less or reduced building on our
the proposed changes, which con
to the county a llo w in g the
wetland, we want no development
denses the 220-page community
developments of three subdivisions
on th em ," said Beth Baker.
plan into 13 pages, which is accom
in an undeveloped section of the
"Building would only down-grade
panied by three maps
Cedar
R id g e
a re a
near
them.”
Once approved by the planning
Brightwood, which would allow the
In previous letters to the county,
commission and adopted by the
construction of 192 mobile homes
the RNG claims “ the function of
board of county commissioners,
and an e s tim a te d 750 co n
wetlands or riparian systems is of
the 13 pages will become an adden
dominiums on 600 acres.
v ita l im p o rta n ta n c e to the
dum to the county's comprehen
Such developments, according to
maintenance of water quality and
sive plan
MACC Treasurer Andrea Cabral of
purity in our w ater systems,
Down Zoning Objected To
Brightwood, would be detrimental
whether
they are of surface or sub
SEDA objects to the elimination
to both the wetlands located in the
surface origin.”
of the community plan, which the
area and impact the quality of
These riparian systems, accor
county planning staff says will
water in the Sandy and Salmon
ding to the Bakers, act as sponges
become "a background report” for
Rivers.
or strainers and work to improve
proposed revisions SEDA claims
Cabral said that both MACC and
water quality, especially in the
it will greatly reduce the number
ECOS are recommending the coun
Rhododendron area where the
of developable units per acre out
ty protect the Cedar Ridge area
wetland
is situated between Henry
side the urban growth boundary.
through proper zoning that would
and Meadow Creeks.
The planning staff has proposed
conform to the state’s planning
Any dislocation or disturbance of
to “ down zone” areas they claim
goals, which require such natural
these
areas, said the Bakers, or of
should be left for farm or forest
resources be protected
the adjacent areas that may ap
uses They propose the zoning go
Beth and Jack Baker of the RNG
pear to be dry, would result in the
from one unit per five acres to one
said that the CPO has been unsuc
destruction
of the riparian system.
per forty. Such a move would con
cessfully trying to get the planning
The position the RNG has taken,
form to the state’s land use goals,
d e p a rtm e n t to once a g a in
said Beth Raker, is to leave the
which the county has been unable
acknowledge and protect, through
original
community plan intact.
to meet in past planning efforts.
zoning, a 30-acre wetland located
That would protect not only
Earlier this year they proposed
in the town of Rhododendron.
Rhododendron’s wetland, but also
(he down zoning for this area to be
The Bakers said that the county
the estimated 33 yet undesignated
one unit per forty acres. However,
had ignored the letters the RNG
wetlands (or riparian systems)
after complaints by some of the
sent to them requesting that this
that exist in the corridor, ex
property owners to be affected by
wetland be recognized as it was in
cluding those existing within the
the new land designations, they
the 1976 plan
service district.
reduced the acreage.
Ardis Stevenson, assistant direc
" It stated very well in the (1976)
Wes Post, one of the organizers
tor of the department of en
plan wetlands shall not be disturb
of SEDA, pointed out the 197« plan
vironmental services, wrote the
ed or developed,” said Jack Baket.
had the area zoned at one unit per
RNG on M ay 26 and attempted to
" T h a t ’s w hat protection we
five acres. He said people had
ease the organization's fears
thought we had.”
planned on this, and that it is
Stevenson wrote that the plann
something people can Uve with.
ing staff is aware of the wetlands
Public Hearing Schedule
With the planning staff's propos
existence and said that it “ will be
The hearing before the planning
ed revisions, Poet said that proper
included in the background report,
commission will be held on Mon
ty owners can no longer carry out
which is adopted with the Mt. Hood
day, June 14, at 7:30 p m at the
their plans He said people's rights
Community Plan.”
Hoodland Women’s Club in Zigzag.
would be violated.
“ For this rural area a larger
On Wednesday. July 7, the com
SEDA representatives, in May,
5-acre minimum lot size is propos
missioners will conduct two public
sent a letter to the commissioners
ed
hearings, also at the Women's
requesting an additional six mon
"The County feels these non
Club They are scheduled for 2 and
ths before the public hearing so urban lot rises protect non-urban
7 p m,
(y **» « "
of Teton Village. Wyo.. was charged with careless driving on a runaway truck ramp on Highway 26
late Saturday afternoon according to the Clackamas County s h e riff, department. IM was » . . „ .c d for the offense.
Alpine Towing of Rhododendron prepares to pull the car out.
County sets value of timber,
trial date awaited by logger
by M IC H A EL P. JONES
Post Correspondent
The Clackamas County office of
county counsel is awaiting a trial
date for a «1,860,000 civil suit against
a former Mt. Hood logger who was
recently indicted by a federal grand
jury for timber theft.
Tim McCoy Henderson, 46, of
Gresham, has been charged with
three counts of theft after allegedly
taking 677,000 board feet of timber
from Bureau of Land Management
and Forest Service lands near
Brightwood and Zig Zag The thefts
are believed to have been commit-
teed between November 1979 and
early October 1980
The county is seeking c iv il
damages from Henderson for con
ducting an illegal logging operation
on its land prior to or during the same
time he is accused of taking federal
timber.
T he c o m p la in t charges th a t
Henderson "w illfully and intentional
ly” removed 1,233,000 board feet of
salable softwoods from its lands
along North Boulder Creek, about
two miles south of Highway 26 near
Brightwood.
The missing 330,000 board feet of
BLM timber was taken from an
estimated 15 to 20 acres of land the
agency administers along Boulder
Creek, which is next to county land.
Also named in the suit is Hender
son’s wife, Darlene, who is listed as
one of the owners and operators of
Henderson Forest Products.
The suit also seeks damages from
C ascade T im b e r C om pany of
Tacoma, Wash , and two of its of
ficers.
The county claims company Presi
dent Gary G. Garrison, and Vice
President Clifford T. Frederickson,
were acting within the scope of their
authority for the company when they
accepted the allegedly-stolen timber
from Henderson
Assistant County Counsel Cythia
Phillips said Henderson and his logg
ing crew are accused of entering land
administered by the county during
the period of time between January
15, 1979, through September 9, 1980,
and cutting and carrying away
Douglas fir and hemlock with a
market value of «370,000
Henderson reportedly entered
county property through adjacent
lands, then owned by Cascade
Timber Company.
Circuit court records show on
March 9, 1981, in a cross-claim mo
tion filed by Cascade Timber and its
two officers, that the company had
entered into a contract with Hender
son to log timber from their land
That was on January 28, 1980.
The county’s suit, however, alleges
that Henderson illegally removed
timber from its land beginning on
Nov. 15, 1979. If the timber cutting
began on this date it would have oc
curred 73 days prior to the signing of
the Cascade Timber contract.
In a motion filed on February 4,
1981, by Cascade Timber in an a t
tem p t to have G a rris o n and
Frederickson dismissed as defen
dants, another contradictory date
was given as the time the alleged
theft of county timber began This
date is November 21, 1979
A search of deeds in the county
recorder’s office shows that on
November 20, 1979. Cascade Timber
purchased the Boulder
In R h odo de ndron
Gallery owner sets new pace
by M IC H A EL P. JONES
Post Correspondent
A former Hollywood screenwrit
and advertising executive who tir
of the fast pace of city life will op
an art gallery in Rhododendron
June 20.
Sharon Smith, formerly of Lal
Oswego, is opening the "Glaci
G allery,” which she says will featu
the “very high quality artwork"
Northwestern artists
Smith's gallery, which is locaU
next to the Rhododendron post offic
is currently being remodeled to a
:ommodate “ unique" painting
iculptures. ceramics and weavinf
>y some of the best artists in the No
hwest.
The gallery is a three-way partne
ihip between Smith and Chariot!
Ichwartz, the manager for Kelly Sei
'ices for Oregon and southwester
Washington, and Donna Briuati,
olar contractor.
No Newcomer
Smith said that she Is no newcome
to the mountain She first came here
lege and earned a degree in liberal
when she was 12 years old to take ad
arts, but wanted to get into advertis
vantage of the area's si J oppor
ing However, she quickly learned
tunities
that Portland wasn't about to give
In the fall of 1955 she and a group
her a chance so she headed for Los
individuals staying at a cabin near
Angeles, where she ended up at NBC
the Kiwanis Camp became trapped
as a screenwriter
by the Zig Zag fire, which was burn
Smith wrote for such shows as
ing out of control. In less than 40
"Queen For A Day" as well as work
hours it had consumed 1,750 acres
ing on “formula flicks" for teenage
They stayed three days and pro
audiences
tected a cluster of cabins with water
She and two other writers turned
buckets and wet gunnysacks before
out one screenplay a week, with the
they were evacuated
topic dealing with themes such as
Smith said she selected the area
beach parties and hotrods She said
because of her love of the mountains
they "sold like hotcakes.”
and because she "didn’t want a big
city gallery .”
However, as time flew by she
From Screenwriter To Ad Exec
began to miss Oregon and decided If
Smith grew up in Milwaukie and at
she was going to break Into the
tended Catlin Gabel, a private school
advertising field she’d better start
located in the West Hills of Portland.
right away So while she churned out
It was there, she said, that she first
television and movie scripts she went
became interested in art Her art
to work for an advertising agency
teacher was Mabel Griffin, who is
writing commercials for White King
currently retired and living in
Soap and Planter Peanuts
Rhododendron
She attended Lewis and Clark Col
Please tern to Page 3.