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7A THE DAILY ASTORIAN • TUESDAY, MAY 2, 2017 Lawsuit over Riverwalk Inn heads to trial in October no other remedy, including money, will adequately com- pensate an aggrieved party. A ruling in Param’s favor would have forced the Port to transfer the lease on the Riverwalk Inn to the company. McIntosh denied Param’s attempt, along with its alterna- tive of monetary damages for breach of contract. McIntosh also dismissed Param’s claim of negligent misrepresentation against the Port and Knight. She ruled that negotiations between the par- ties were at arms length, and that the Port did not assume any special duties to further the economic interests of Param. Judge rejects requests by Port, hotelier By EDWARD STRATTON The Daily Astorian Clatsop County Circuit Court Judge Dawn McIntosh has denied attempts by the Port of Astoria and Param Hotel Corp. to win judgment in their legal battle over the Astoria Riverwalk Inn before trial in October. Param Hotel Corp., which operates several hotels in the Portland metro area, had sought since 2014 to take over operation of the Riverwalk Inn from heavily indebted for- mer operator Brad Smithart. The Port Commission in June 2015 voted to have Executive Director Jim Knight transfer Smithart’s remaining lease to Param, but the transfer never materialized. The Port instead chose Astoria Hospitality Ventures in 2015 to operate the hotel. Param then sued the agency for specific performance, breach of contract, fraud and negli- gent misrepresentation. Knight was also sued for fraud and negligent misrepresentation. No contract Edward Stratton/The Daily Astorian A Portland area hotelier has sued the Port of Astoria over the lease for the Astoria Riv- erwalk Inn. Param Hotel Corp., had sought since 2014 to take over operation of the inn. Earlier this year, the Port filed a motion for summary judgment seeking to have the entire case thrown out. Within days, Param filed a motion for partial summary judgment seeking to force the Port to transfer the company the lease on the Riverwalk Inn or pay monetary damages. Specific performance Param asked for partial summary judgment on its claim of specific performance, a legal remedy used when In its motion to have the case dismissed, the Port argued that “the undisputed facts con- firm that there was never an enforceable contract,” and that because there was no contract, there could be no specific per- formance or breach of con- tract. McIntosh ruled against the agency, arguing that the requirement of a written con- tract applies to the purchase of goods and services, and not the approval of a lease assignment. “Even if they were inter- preted to apply to the present situation, nothing in the rules themselves dictates the form a written document must take or requires that the written doc- ument be signed by the exec- utive director after the agree- ment itself has been approved by the board,” McIntosh wrote. “The only requirements in that event would be the existence of a written document and the terms of the agreement having been approved by the board.” The Port claimed that the statute of frauds, a state law in many cases requiring a writ- ten and signed document, barred Param’s claims of fraud against the agency and Knight because of the lack of such a document. But McIntosh argued that the Port Commis- sion’s approved meeting min- utes, referencing the group’s approval of the lease transfer, were sufficient to satisfy the statute. Past denial Last month, McIntosh had declined Param’s attempts to have the entire case ruled in its favor because the Port withheld information during discovery. She instead ordered the Port to pay for additional depositions of staff in advance of the trial, which had been scheduled for April but has now been pushed back to October. Gun ban: Similar processes are already in place in several states Continued from Page 1A “We want to make sure individuals do not lose their gun rights. We are trying to help family members help those individuals.” Family or police The bill allows mem- bers of a person’s immediate household — or police at their request — to seek an “extreme risk protection order” from a judge to deny possession of firearms if the person is at imminent risk of suicide or a danger to others. The judge would have to decide on the request that day or the next judicial day, but the petitioner would have to pres- ent “clear and convincing evi- dence” to justify the order. A person would have 30 days to request a hearing to rescind an order. “We are targeting only those individuals who want to com- mit suicide and unfortunately may murder their spouse, their children or their roommate in the house,” Boquist said. “This is not some broad, sweeping confiscation like you see in Breitbart News.” His reference was to the right-wing website formerly run by Steve Bannon, who is now chief strategist for Presi- dent Donald Trump. Boquist said similar pro- cesses already are in place in several states, among them Connecticut, California and Washington, where voters in 2016 approved it by ballot measure. He said the Wash- ington law is broader than SB 719. Course of action On Feb. 16, 2016, Sethan Charles Sprague, Boquist’s oldest son and a 31-year-old Navy veteran, took his own life. Although Boquist did not mention his son, he did talk about the three Army veterans under his command who took their own lives after returning from Iraq. He said during his years in the House and Sen- ate, going back to 2005, he has kept an index card on his desk. “On that card are (the names of) the people I sent to die,” he said. “There is not a serving general officer who sent more people to die than I have — not one,” said Boquist, who leads the Senate Veterans’ Committee. “For 12 years, this Legis- lature has struggled on what to do about veterans’ suicides and veterans and suicide in general.” According to the Centers for Disease Control and Pre- vention, Oregon recorded a suicide rate of 19.3 per 100,000 in 2016 — and it is rising faster than the growing national rate. No Democrat spoke other than Majority Leader Ginny Burdick of Portland, who closed debate and praised THE DAILY ASTORIAN T UESDAY E VENING A (2) (-) (-) (6) (-) (8) (9) (10) (12) (13) (-) (20) (-) (29) (30) (31) (32) (34) (35) (36) (38) (39) (43) (44) (45) (46) (47) (48) (49) (50) (51) (52) (53) (54) (56) (57) (58) (61) (63) (64) (65) (162) L KATU KOMO KING KOIN KIRO KGW KRCW KOPB KPTV KPDX KCPQ TBS KZJO ESPN ESPN2 NICK DISN FAM FMC LIFE ROOT FS1 SPIKE COM HIST A&E TLC DISC NGEO TNT AMC USA FOOD HGTV FX CNN FNC CNBC BRAV TCM SYFY RFD (2) (4) (5) (-) (7) (-) (3) (10) (12) (-) (13) (20) (22) (29) (30) (31) (32) (34) (35) (36) (38) (39) (43) (44) (45) (46) (47) (48) (49) (50) (51) (52) (53) (54) (56) (57) (58) (61) (63) (64) (65) (162) 6 Boquist for his courage and integrity. “By identifying signs that a person may be suffering trauma and temporarily sep- arating them from their fire- arms, we can effectively pro- tect veterans and others in crisis so that they can get the help they need,” Burdick said. make any difference.” Sen. Alan Olsen, R-Canby, also an Army veteran, said the real answer is an expansion of mental health services. “We are the problem because we have not solved it,” he said. “It looks good, feels good, but it does not help anyone.” Boquist said he agreed, Emotional opposition but he took a political beating Perhaps because a fellow when he teamed up in 2013 Republican was its chief man- with Senate President Peter ager, Republican opponents Courtney, D-Salem, to secure refrained from harsh criticism. more money for mental health Sen. Kim Thatcher of through higher tobacco taxes. He referred to Keizer, one of two incidents involving Republicans to oppose firearms in April in the bill in the Senate Gresham and West Judiciary Committee, Linn. In the April 12 complained it was too incident in Gresham, vague. police say the man Thatcher teared up shot his two daughters in her closing remarks. before taking his own “I am not a vet- Sen. Kim life. On April 21, West eran … but my fam- Thatcher Linn police shot a man ily has been touched by suicide,” she said. “There dead in an incident ruled as a is something that is just not suicide. Days ago, the Senate addressable by legislation, and that is the unpredictability of passed a bill requiring police to undergo training in how to the human mind. “I have no doubt that this avert suicide. “That is unfortunately the legislation brought forth was out of concern and caring. training we have given them: But it comes down to words Show up, talk the guy down, on paper. I do not think it will and if it doesn’t work, use your Glock,” Boquist said. “But that is not what we need to be doing in this state.” Reaction from groups The bill drew expected crit- icism and praise from the usual interest groups in the gun con- trol debate. The National Rifle Associ- ation’s Institute for Legislative Action called the bill “unnec- essary and goes far beyond existing law,” but avoided per- sonal references to Boquist. Oregon Firearms Fed- eration, which bills itself as a no-compromise group, described Boquist as a “for- merly pro-gun Republican” and SB 719 as “one of the most dangerous pieces of leg- islation the anti-gunners have ever dreamed of.” There were other views. “Today the Oregon Sen- ate took an important, bipar- tisan step to making Ore- gon safer from gun violence,” said Jenn Lynch, president of the Oregon Alliance for Gun Safety. “Oregonians can work together to find effective solu- tions to make our communities safer.” Americans for Responsi- ble Solutions, the gun violence prevention group co-founded by former U.S. Rep. Gabrielle Giffords of Arizona and her husband Mark Kelly, offered a statement from Multnomah County Sheriff Mike Reese, a member of the advisory com- mittee for Oregon Coalition for Common Sense. “Throughout my career, I have seen how guns in the hands of individuals who are at risk of harming themselves or others can lead to tragedy,” Reese said. “Today’s vote by the Oregon Senate is a posi- tive step towards giving law enforcement the tools we need to help people in crisis and make our state a safer place to live.” The Capital Bureau is a collaboration between EO Media Group and Pamplin Media Group. SPRING BAZAAR OVER 20 LOCAL VENDORS Saturday, May 6 th , 10 AM TO 3 PM W A NTED Alder and Maple Saw Logs & Standing Timber N orth w es t H a rdw oods • Lon gview , W A Contact: John Anderson • 360-269-2500 LISTINGS A - Charter Astoria/ Seaside - L - Charter Long Beach 2500 S. 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