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
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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.
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