NORTHWEST East Oregonian A2 Saturday, August 14, 2021 Tyson seeks to wrest control of feedlot from Agri Beef By DON JENKINS Capital Press KENNEWICK — Tyson Fresh Meats has gone to court to forcibly acquire the Pasco feedlot that bankrupt cattleman Cody Easterday sold to a major competitor last year after bilking Tyson out of $233 million. Tyson is offering $25 million — $9 million more than Agri Beef paid — for the cattle feeding operation known as North Lot. Tyson is asking a bankruptcy judge to void the sale to Agri Beef, arguing the deal short- changed it and other unpaid creditors. “The $16 million purchase price was woefully inade- quate,” Tyson claims in a complaint filed Monday, Aug. 9, in U.S. Bankruptcy Court for Eastern Washing- ton. The dispute leaves fi nal ownership of the feedlot uncertain. Agri Beef Pres- ident Matt Buyers said in a court fi ling the Idaho-based company bought the feed- lot in good faith in an arm’s length transaction. Easterday, 50, pleaded guilty in March to defraud- ing Tyson out of $233 million and another company out of $11 million by billing them for cattle he never actually bought or fed. Easterday Bob Brawdy/Tri-City Herald The former Easterday Ranches North Lot cattle feedlot near Eltopia, Washington. Tyson Fresh Meats has gone to bankruptcy court to forcibly acquire the feedlot, previously sold to Agri Beef by Cody Easterday. delivered cattle to Tyson’s processing plant in Pasco. In a plea deal with federal prosecutors, Easterday agreed to pay restitution. He is scheduled to be sentenced Oct. 5 on one count of wire fraud. Several Easterday farms in the Columbia Basin have been sold through bank- ruptcy court for $209 million to Farmland Reserve Inc., owned by The Church of Jesus Christ of Latter-day Saints. Tyson supported the sale to Farmland, which operates in Washington as AgriNorth- west, but says it was blind- sided by the pre-bankruptcy sale of North Lot. Tyson uncovered Cody Easterday’s fraud in Decem- Forecast for Pendleton Area TODAY SUNDAY | Go to AccuWeather.com MONDAY Hot and smoky with hazy sun Hot and smoky with hazy sun 103° 72° 100° 70° TUESDAY Mostly sunny WEDNESDAY Mostly sunny and not as warm Partly sunny and nice PENDLETON TEMPERATURE FORECAST 91° 63° 85° 62° 80° 58° HERMISTON TEMPERATURE FORECAST 106° 72° 103° 71° 94° 66° 90° 61° 85° 58° OREGON FORECAST ALMANAC Shown is today’s weather. Temperatures are today’s highs and tonight’s lows. PENDLETON through 3 p.m. yest. HIGH LOW TEMP. Seattle Olympia 75/58 97/63 105/69 Longview Kennewick Walla Walla 103/76 Lewiston 92/61 106/72 Astoria 71/58 Pullman Yakima 104/67 89/56 105/73 Portland Hermiston 97/67 The Dalles 106/72 Salem Corvallis 92/59 Yesterday Normals Records La Grande 98/66 PRECIPITATION John Day Eugene Bend 98/61 97/66 100/66 Ontario 105/69 Caldwell Burns 95° 60° 92° 58° 104° (1971) 45° (1931) 24 hours ending 3 p.m. Month to date Normal month to date Year to date Last year to date Normal year to date Albany 97/61 0.00" 0.00" 0.07" 1.93" 1.66" 5.21" WINDS (in mph) 100/65 99/59 0.00" 0.01" 0.13" 4.37" 8.68" 8.44" through 3 p.m. yest. HIGH LOW TEMP. Pendleton 94/61 100/64 24 hours ending 3 p.m. Month to date Normal month to date Year to date Last year to date Normal year to date HERMISTON Enterprise 103/72 105/74 92° 64° 90° 59° 107° (1933) 43° (1918) PRECIPITATION Moses Lake 90/58 Aberdeen 99/69 103/74 Tacoma Yesterday Normals Records Spokane Wenatchee 89/62 Today Boardman Pendleton Medford 103/71 Sun. WSW 6-12 W 6-12 WSW 6-12 W 6-12 SUN AND MOON Klamath Falls 96/59 Forecasts and graphics provided by AccuWeather, Inc. ©2021 Sunrise today Sunset tonight Moonrise today Moonset today 5:54 a.m. 8:05 p.m. 12:57 p.m. 11:16 p.m. First Full Last New Aug 15 Aug 22 Aug 29 Sep 6 NATIONAL EXTREMES Yesterday’s National Extremes: (for the 48 contiguous states) High 108° in Palm Springs, Calif. Low 35° in Gothic, Colo. ber and discussed acquiring the feedlot to begin making amends. Easterday estimated the lot’s worth at $20 million, according to Tyson. In late January, on a Friday, Tyson executives learned in a conference call with Easterday and his fi nan- cial adviser, Pete Richter of Paladin Management Group, that Easterday planned to sell the lot within a few days. Easterday and Rich- ter declined to identify the buyer. Over the weekend, Tyson prepared to go to court to stop the sale, but learned that Monday the sale had closed the previous Friday. Besides claiming it was duped, Tyson criticizes how the $16 million was distributed. According to a spread- sheet sent to Tyson by East- erday’s lawyer, Richard Pachulski, more than $11.7 million went to Easterday Farms and the English Hay Company, two other compa- nies owned by Easterday family members. Pachulski’s Los Angeles law fi rm got $600,000, while Richter’s management group got $625,604. Creditors got only $2.1 million, leaving some bills unpaid. Six unpaid balances shown on the spreadsheet topped six fi gures, including $804,000 owed one business for veterinarian services. None of the money shown distributed went to Tyson. In the face of Tyson’s bid to obtain the feedlot, Agri Beef went ahead Aug. 10 and paid the bankrupt East- erday Ranches $1 million for trucks, tractors and other equipment at North Lot. Ban k r uptcy Judge Whitman Holt in Yakima approved the equipment sale. Agri Beef certainly owns the rolling stock, but Tyson’s bid to acquire the ground will be decided later, the judge said. If Tyson prevails, “it creates a logistical issue,” Holt said. “You (Agri Beef) have to come and get your stuff off the property.” Indian Creek restoration starts near Elgin By ALEX WITTWER The Observer ELGIN — A project to remove several dams along Indian Creek near Elgin is underway. Trout Unlimited, in partnership with Hancock Natural Resource Group, is planning to remove two outdated diversion dams on the creek, along with remov- ing an old roadbed and its culvert in an eff ort to restore spawning habitat and rear- ing grounds for juvenile fi sh, including Lower Snake River steelhead, chinook salmon and bull trout. Some of the fi sh species this project will help are endangered, including the redband trout. “It is really helpful to have a return back to the state it was supposed to look like, and that allows for more resil- ience in the ecosystems,” said Trout Unlimited spokesper- son Emery Hansell. The groups planned to break ground on the project this week. Offi cials expect the project will run approx- imately three to four weeks and open up nearly 10 miles of connected habitat in the area. Removing the obstruc- tions, according to offi- cials, will allow for the NATIONAL WEATHER TODAY Levi Old/Trout Unlimited Indian Creek fl ows into the Grande Ronde River near the area Trout Unlimited and Hancock Timber Resources Group are working to remove outdated diversion dams to improve habitat for fi sh. easier passage and rearing of juvenile fi sh as they travel through the Grande Ronde River. But that’s only one benefi t that will come with the removal of the dams. “There is more than just the passage going on,” said Levi Old, Trout Unlimit- ed’s project manager for Northeastern Oregon. “You will, a lot of times, have a constricted f loodplain so you’re moving water more effi ciently through an area near the dam, which aff ects the local geomorphology. By removing these two dams, we’re going to open up about 1.5 acres of historic fl ood- plain habitat that had been cut off .” The project also will add 22 large wood structures to the creek to create habitat for fi sh that would protect them from predators, help with sediments sorting and off er shade from the sun. The introduction of these wood structures, according to Old, will help restore the creek to its original state. “Streams have evolved with heavy woodloads in them, and historically humans have taken them out, but these fi sh have evolved to use the shade and cover,” Old said. “A creek like Indian Creek is especially important for spawning and rearing of ocean-going fi sh and resident trout species. And as we’re starting to feel the eff ects of a changing climate, there is still cold water in places like Indian Creek.” IN BRIEF Umatilla National Forest to further reduce area closure PENDLETON — With continued reduced initial attack on new fi res across the Umatilla National Forest, offi cials are taking more steps to reduce the area closures on Friday, Aug. 13, reopening access to most of the Umatilla National Forest lands in Oregon, according to a press release. National forest lands within proximity to active large wildfi res, such as the Lick Creek, Green Ridge and Elbow Creek fi res, will remain closed to public entry. The modifi ed closure prohibits access to all Umatilla National Forest lands in Wash- ington state — on both the Pomeroy and Walla Walla ranger districts — and closes lands surrounding the Elbow Creek Fire on the Walla Walla Ranger District in Wallowa County, the release said. The Elbow Creek Fire closures encompass lands south and east of where Alder Creek intersects with Forest Service Road 62 to the forest boundary. Public entry is prohibited in the areas iden- tifi ed in the closure, which includes lands, roads, trails and recreational facilities. Visitors planning a trip to areas within the closure should cancel any plans for the next several weeks. These areas remain closed to protect public and fi refi ghter safety as the fi re crews continue to actively suppress wildfi res, while also responding to new smoke reports. — EO Media Group Shown are noon positions of weather systems and precipitation. Temperature bands are highs for the day. -10s -0s 0s showers t-storms 10s rain 20s flurries 30s snow 40s ice 50s 60s cold front E AST O REGONIAN — Founded Oct. 16, 1875 — 70s East Oregonian (USPS 164-980) is published Tuesday, Thursday and Saturday, by the EO Media Group, 211 S.E. Byers Ave. Pendleton, OR 97801. Periodicals postage paid at Pendleton, OR. Postmaster: send address changes to East Oregonian, 211 S.E. Byers Ave. Pendleton, OR 97801. Copyright © 2021, EO Media Group 90s 100s warm front stationary front 110s high low Circulation Dept. For mail delivery, online access, vacation stops or delivery concerns call 800-781-3214 CORRECTIONS: The East Oregonian works hard to be accurate and sincerely regrets any errors. 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