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THE DAILY ASTORIAN • MONDAY, OCTOBER 10, 2016
Class certiication raises stakes in forest lawsuit
Clatsop County
among plaintiffs
in the lawsuit
By MATEUSZ
PERKOWSKI
Capital Bureau
It’s unlikely any county
will opt out of the recently cer-
tiied $1.4 billion class action
lawsuit over Oregon’s for-
est management practices,
according to the attorney lead-
ing the case.
The decision by Linn
County Circuit Court Judge
Daniel Murphy to certify the
lawsuit as a class action means
that 15 Oregon counties —
including Clatsop County —
and roughly 130 taxing dis-
tricts automatically become
plaintiffs in the case unless
they ask to be excluded.
John DiLorenzo, attorney
for lead plaintiff Linn County,
EO Media Group File
A Linn County judge has certified class action status to a lawsuit challenging the state’s
management of state forest land. The certification allows 15 Oregon counties and rough-
ly 130 taxing districts to pursue the case jointly, alleging they are owed $1.4 billion in
damages.
said that he’d be surprised if
any of the potential plaintiffs
opt out, given their inancial
constraints.
“Why would any of the
districts want to turn down
money?” he said. “I am pre-
dicting there will be zero opt
outs.”
Linn County iled the law-
suit earlier this year, argu-
ing that Oregon was obligated
to maximize timber harvests
from 650,000 acres of forest-
land that counties turned over
to state ownership in the early
20th century.
Since 1998, however, the
state government has empha-
sized environmental protec-
tion and recreational oppor-
tunities in managing the
forests for their “greatest per-
manent value,” according to
the lawsuit.
Last month, the case crossed
a signiicant hurdle when Mur-
phy refused a request by Ore-
gon’s attorneys to dismiss the
lawsuit.
The class certiication
doesn’t come as a surprise
because the judge said he was
inclined to grant that request
in the previous decision, but
it nonetheless raises the stakes
for Oregon — particularly
given the prospect of trying the
case before a Linn County jury.
Even if some of the coun-
ties or tax districts don’t
oppose the state government’s
forest management philoso-
phy, it’s not probable they feel
strongly enough to miss out
on a portion of the potential
$1.4 billion in damages, said
DiLorenzo.
Likewise, it’s unlikely that
the counties or tax districts will
opt out to pursue a similar law-
suit on their own, he said.
Oregon’s attorneys have
until May to ile “disposi-
tive motions” to get the case
thrown out based on matters of
law, but it’s unclear what argu-
ments they could make since
the lawsuit is “going to be very
fact-speciic,” DiLorenzo said.
Attorneys
representing
the state were unavailable for
comment late Friday.
The Capital Bureau is a
collaboration between EO
Media Group and Pamplin
Media Group.
Man gets three
Council candidate Horning ‘occupies
years for possessing bridge’ in Seaside to broadcast message
irearms, child porn Candidate
By KYLE SPURR
The Daily Astorian
The 77-year-old Asto-
ria man arrested last year for
illegally possessing irearms,
body armor and child pornog-
raphy was sentenced to three
years in prison.
William James Dixon Jr.
pleaded guilty Friday in Cir-
cuit Court to four counts of
irst-degree encouraging child
sexual abuse and felon in pos-
session of a irearm.
Astoria Police assisted the
Oregon Department of Jus-
tice Internet Crimes Against
Children Task Force in Sep-
tember 2015 related to a child
pornography
investigation
at Dixon’s residence at 101
Madison Ave.
During a search of the res-
idence, inves-
tigators found
a 9 mm pis-
tol, a .22-cali-
ber pistol and
ballistic body
armor
that
Dixon was
William
prohibited
James
from possess-
Dixon Jr.
ing. Investi-
gators also
found books on how to be a
better criminal and disguises
such as a fake mustache and
wig.
As part of his sentence,
Dixon must register as a sex
offender.
Dixon was convicted for
mail fraud in 1989, escape in
1990 and bank robbery in 1991
in Portland. He served more
than three years in prison.
Man with knife robs
Astoria Dairy Queen
The Daily Astorian
Police are seeking details
about a robbery of the Astoria
Dairy Queen Sunday night.
Astoria Police received a
report just before 8 p.m. Sunday
that an unknown man armed
with a knife took an undis-
closed amount of cash from the
register. Nobody was injured.
Oficers from Astoria, War-
renton, the Clatsop County
Sheriff’s Ofice and the Ore-
gon State Police responded.
A K-9 unit from the Sher-
issues challenge
to councilors
By R.J. MARX
The Daily Astorian
SEASIDE — Seaside City
Council candidate Tom Horn-
ing “occupied” the Avenue G
bridge, at least for 30 windy,
rain-swept minutes Saturday
morning. As supporters stood
by in rain slickers holding
banners, Horning, a geologist
and environmental consultant,
shared his message of tsunami
safety.
Horning chose the Avenue
G bridge because of its vulner-
ability in the case of tsunami.
“The height of the bridge
is about 16 feet above verti-
cal level,” Horning said. “The
water would rise about 45
feet, 30 feet over the top of the
bridge.”
According to Horning, the
bridge shifts as much as 16
inches either way and in an
earthquake would fall off its
iff’s Ofice was used to track
the suspect but unsuccess-
ful. Police did ind evidence a
short distance from the Dairy
Queen that is being sent to the
state crime lab for testing.
The suspect was described
as average height with a mus-
cular build, red and black pants
and a dark-colored jacket. He
was wearing a yellow mask
and had blond eyebrows.
The police ask anyone with
information to contact Detec-
tive Ken Hansen at 503-325-
4411 or khansen@astoria.or.us
Protesters demonstrate
against Jordan Cove project
Associated Press
KLAMATH FALLS —
Protesters are calling for unity
and action against a proposed
liqueied natural gas pipeline
in Klamath Falls.
The Herald and News
reported that opponents of the
Jordan Cove Energy Project
near Coos Bay demonstrated
against the pipeline, chanting
“water is life” and “you can’t
drink oil.”
Renee Frye organized the
protest and says the pipeline
poses a signiicant pollution
threat because it will cross an
estimated 400 waterways and
700 private properties
Featured protest speaker
Walking Eagle Thom, chief
and medicine man of the Karuk
Tribe, says the action against
the Jordan Cove project was
inspired by ongoing protests
against the Dakota Access
Pipeline in North Dakota.
incumbent City Council Pres-
ident Don Johnson in Ward 3.
“Seaside, the most at-risk
community, has to be the
leader,” Horning said. “Sea-
side has the most to lose.
Models estimate we’ll lose
92 percent of the buildings in
Seaside, and that’s including
the ones on the hill — those
are the only ones that will
survive.”
To ix all the bridges and
put in two pedestrian bridges
would cost about $30 million,
Horning said. Costs could be
paid by room tax fees or bond
measures.
“I think he’s correct,” said
Mike Annes, a Seaside resi-
dent who attended the rally. “It
makes total sense. There needs
to be a prioritized process. It
needs to be igured out.”
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Associated Press
COOS BAY — Three earthquakes with magnitudes
ranging from 4.1 to 4.8 occurred several hundred miles
off the Oregon Coast on Sunday, but none triggered
tsunami warnings.
The U.S. Geological Survey says the 4.8 quake was
recorded last and occurred at about noon about 260
miles west-northwest of Coos Bay.
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Judge-elect Dawn McIntosh has rejoined Campbell &
Popkin to work closely with Chris Palmer, in whom
she has great conidence. Dawn and Chris are both
well-known for skillfully representing clients in di-
vorce, seperation, custody and other family law mat-
ters. Campbell & Popkin also provides services in
business law, litigation, real estate, estate planning and
probate. Dawn and Chris are both taking new clients.
www.campbellpopkin.com
piling caps and into the river.
The bridge and four oth-
ers in the city, plus two essen-
tial proposed pedestrian foot-
bridges, need to be replaced
or built before the next earth-
quake strikes, Horning said.
“There’s no guarantee these
things will hold together,” he
said. “In fact, there’s every
guarantee they’ll fall apart.”
Horning is running against
Three earthquakes
recorded off the
Oregon Coast
Dawn McIntosh rejoins Campbell & Popkin
Dawn McIntosh
R.J. Marx/The Daily Astorian
City Council candidate Tom Horning rallies supporters on the Avenue G bridge in Seaside.
Chris Palmer
503-738-8400 • 1580 N. Roosevelt Drive, Seaside
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