Superior Court Judge finds in our favor in first court appearance.

By Kirk Kirkland

 

Just a few days before appearing before the Pierce County Superior Court judge, CalPortland’s attorney filed a frivolous motion attempting to dismiss our lawsuit. They argued that improper signatures invalidated our land use petition.

Instead of focusing on setting the dates for our  legal briefs, we found the opposition trying to stop the trial entirely. Fortunately, our attorney, Bryan Telegin, put CalPortland on the defensive and asked the judge to penalize CalPortland’s legal team for filing a “frivolous” motion.

Our attorney made quite a dramatic presentation that asked the judge to pay for our legal fees.  The judge was amused, and said that Bryan almost convinced her to require CalPortland to pay the $5,240 in fees preparing for this court appearance.

Our next steps will require extensive research and a few hours of the attorney’s time to write the required legal briefs. This legal appeal is different from many trials, because the judge makes up her mind just reading the briefs.

At the trail the judge’s decision is made strictly on the legal record without courtroom drama or calling expert witnesses.  At the hearing  the judge will asks just a few questions to clarify her decision. Then she presents her final decision.

Preparing this next series of legal briefs cost us $300 an hour, a bargain considering that the cost of a Seattle Attorney for the case cost is $500 an hour..

That is why you are needed.

Your donation will help us keep the water flowing in the Sequalitchew Creek. It will keep ducks landing on the Edmunds Marsh, and it will preserve the wildlife habitat that surrounds the trail to the beach. These are in danger of being lost due to CalPortland’s underhanded legal tactics.

Here’s how you can help.

[1]  Save the date:  Get involved with us. Come celebrate our successful summer fundraising campaign, on September 17, at 6 pm at the Hive Market on

1495 Wilmington Dr #160, in

DuPont, WA