News and Opinion from Sisters, Oregon
News and Opinion from Sisters, Oregon
Judge Stephen Tiktin has denied the Cyrus family's claims for attorney's fees in a legal dispute with the Squaw Creek Irrigation District.
Matt Cyrus estimates those fees as high as $300,000.
Cyrus argues that Tiktin's ruling is not the last word on attorney's fees.
"The whole issue is still up in the air," Cyrus said.
The claim stemmed from a suit which the Cyruses won when Tiktin ruled earlier this year that Squaw Creek Irrigation District "converted" or took water from the Keith Cyrus family when SCID refused to deliver Cyrus water in a fee dispute in 1999.
SCID refused to deliver Cyrus water for a little over one month, from April 23, 1999 until June 4, 1999, according to the judge's decision.
Tiktin ruled on October 10 that Cyrus attorney Michael Peterkin did not make a legally appropriate demand for the fees.
"Plaintiffs (Cyrus) contend an appropriate written demand was made on or about May 4, 1999. Defendant (SCID) denies receiving such a communication. There is a question of fact about whether this occurred," Tiktin wrote in his ruling.
Tiktin then ruled that a May 7, 1999, letter from Peterkin to SCID attorney Greg Lynch "is not sufficient to entitle plaintiffs to ... attorney fees if they ultimately obtain a money judgment for conversion."
Lee Christensen, board chairman for SCID said his understanding is that Tiktin's ruling settles the question of attorney's fees.
Cyrus believes the issue will come up again in the wake of a damages trial on the conversion suit.
"It's my understanding that the next step will be to go to trial for damages," Cyrus said
However, Christensen said he believes the damages trial has been canceled and that the only matter before the court is a reconsideration of the original conversion issue.
Jim Cornelius is editor in chief of The Nugget and author of “Warriors of the Wildlands: True Tales of the Frontier Partisans.” A history buff, he explores frontier history across three centuries and several continents on his podcast, The Frontier Partisans. For more information visit www.frontierpartisans.com.
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