COMMUNITY
Wallowa.com
Wednesday, January 23, 2019
A3
E M & M fl our mill burns down a century ago
100 YEARS AGO
Pallette ranch on the upper
Imnaha under the Land and
Water Conservation Act of
1965 have recently been
completed. The owners of
the upper Pallette ranch still
retain about 300-400 acres
including the buildings and
adjacent meadows around
the old Pallette ranch head-
quarters at the mouth of Cra-
zyman creek.
January 23, 1919
With a high southeast
wind blowing last Friday,
the old planing mill burned
down. Sparks and cinders
were carried many blocks
and were sprayed over build-
ings and yards. The E. M. &
M. fl our mill, only a block
from the planer was in the
direct path of the wind and
the sparks, and was in con-
stant danger of burning, but
escaped unharmed, thanks to
a couple of streams of water
and the efforts of men with
buckets.
School was reopened in
Enterprise on Monday, and
will be kept going unless the
infl uenza should reappear in
far more serious form than
heretofore. The physicians
said there was not a case of
the fl u in town the fi rst half of
the week, but no one believes
the disease can be kept out
entirely.
Dr. S. D. Taylor has a
supply of the anti-infl uenza
serum originated at the Mayo
Brothers hospital. The treat-
ments are $1 a “shot”, and it
is recommended that a per-
son take one a week for three
weeks.
70 YEARS AGO
January 20, 1949
Andrew Landforce, 31,
Joseph, was chosen as Junior
Citizen for 1949 at ceremo-
nies Saturday evening. The
annual award is made by
the Wallowa county Junior
Chamber of Commerce. The
award was made on the basis
of community service.
25 YEARS AGO
January 20, 1994
Chieftain archives
Enterprise wrestlers, year unknown.
Announcement of a new
agency here to handle the
sale and servicing of Pontiac
cars was made this week by
Irving Nuss who has arrived
here from Kansas to make
his home. Negotiations for
a building to house the con-
cern, which will be known
as the Nuss Pontiac Co., are
nearing completion.
The Enterprise bird club
has started a feeding proj-
ect at the city park to help
carry the birds over the crit-
ical winter period. A large
number of wintering birds
and about 25 pheasants have
been attracted to the suet and
seed.
The Wallowa County
Creamery association has
been busy the past week
moving the vats and other
equipment from the cheese
factory at Enterprise to the
creamery’s plant at Wallowa.
A pasteurizer capable of han-
dling 10,000 pounds of milk
per hour is being installed at
the Wallowa plant.
50 YEARS AGO
January 23, 1969
A sizeable contingent
of Stockgrowers attended
the executive board meet-
ing of the county stockgrow-
ers to discuss the announced
increase in the grazing fees
on Forest Service land and
on BLM lands.
Wallowa county suffered
its fourth Vietnam battlefi eld
casualty last Friday when
Sp-4 Ronald Forrest Neal
was killed by an enemy gre-
nade while serving with the
army near the Cambodian
border.
The Savage wrestling
team won both of their
weekend matches, travel-
ing to Kamiah Friday and
then Clarkston the follow-
ing night. Jawn Stockdale
and Bruce Weimer remained
undefeated.
Acquisition negotiations
for a portion of the former
Biologist Vic Coggins
of Enterprise spent a recent
week capturing Rocky
Mountain bighorn sheep in
Montana. Up to 50 will even-
tually be caught and trans-
planted to northeast Oregon
to supplement existing herds.
Wallowa County Fair
Board
member
Nancy
Carlsen of Lostine has been
elected to represent East-
ern Oregon on the Oregon
Fair Association board of
directors.
Ferguson Ridge Ski Area
opened January 8 with fair
to good conditions prevail-
ing. An increasing number of
winter sports enthusiasts have
been taking to the slopes; Sat-
urday, 130 lift tickets were
sold, Sunday there were 186,
and Monday 173.
Five
environmental
groups have fi led a notice of
intent to sue the Forest Ser-
vice for alleged violations of
the Endangered Species Act,
and their attorney is threat-
ening injunctions that if suc-
cessful would put an end to
all livestock grazing on pub-
lic lands in Wallowa County.
County prevails in “meritless” Talbott property lawsuit
By Steve Tool
Wallowa County Chieftain
In a tersely worded deci-
sion, Oregon 10th Judicial
District Judge Thomas B.
Powers, found in favor of
Wallowa County for pay-
ment of $97,444 in attorney
fees after an unsuccessful
lawsuit fi led by citizen Dave
Talbott regarding the return
of property.
In the Oct. 17, 2017 suit,
Talbott claimed that he had
a right to “reimburse” the
county for the return of more
than 1,000 acres the county
foreclosed on in 2007 due
to non-payment of property
taxes. He legally had two
years beyond the foreclosure
date to challenge the coun-
ty’s actions.
In August 2018, Judge
Powers found that Talbott’s
Births
A daughter, Mariah
Noelle Bostedt, was
born January 9, 2019,
in Enterprise to Dan and
Tiffany Bostedt of Joseph.
Grandparents are David
Hay & Gaynor Baker, and
David & Georgia Bostedt.
entire suit had no objec-
tively reasonable basis and
that Talbott and his attorneys
“knowingly recorded two
invalid claims of encum-
brance against the subject
property (two title notices).”
He also dismissed the suit
with prejudice, which means
it cannot be brought again.
Talbott’s attorneys then
fi led a motion for a new
trial. Judge Powers denied
the motion and proceeded
to decide the amount of
attorney fees to award to
the county as the prevailing
party
On Aug. 21, the county
asked for costs of $370 and
a statutory prevailing party
fee of $85. The county also
asked for an additional
$97,444 in court fees, and
for the additional legal work
performed for the county
after the county prevailed on
the four defense claims.
Talbott and his fi rm did
not dispute the reasonable-
ness of the rates charged, the
amount of time spent on the
work or the work performed.
They also didn’t dispute the
$370 and $85 costs but did
challenge the county’s right
to any reimbursement for
the rest.
Powers set the record
straight for the plain-
tiffs over the 17 following
pages of his decision, fi nd-
ing against Talbott and his
fi rm on nearly every point of
law. Powers than proceeded
to note that the claims as a
whole were unreasonable
for a number of reasons,
including the faultiness
of the original claim. The
judge used the words “word-
smithing” and “creatively
framed” to describe a large
part of the suit’s claims, that
even implied irregularities,
omissions and defects on the
county’s part when it took
possession of Talbott’s land.
The county is still await-
ing Judge Powers’ decision
on awarding the $55,000
paid into the court on Tal-
bott’s behalf.
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301 W. Main, Enterprise • 541.426.3177
The Hostetter Law Group
represented Talbott in the
suit while attorney Bruno
Jagelski of Ontario repre-
sented the county.
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and many other private insurance and employee assistance programs
Wallowa Memorial Hospital is an equal opportunity employer and provider.
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