Friday, October 05, 2007

Closing arguments

I'm posting a brief summary of the closing arguments..

Attorney for the neighborhood:

Suggested that Pen2 might start cutting trees, even without a city permit, if the TRO is lifted.
Argued that the petitioners do have standing [the legal right to bring the action.]
That neighbors are likely to prevail at the writ of review hearing.

Attorney for Pen 2:

The 60 day time limit started in June.
Pen 2 understand they must comply with Portland's tree cutting standards.
The commission statute indicates a commission is only to be in place on as as needed basis and it and a licensed engineer are not needed now.
He recited the one line from a Corp person to Portland that the levee has deficiencies.
That harm comes to all 1500 acres and the businesses in the Delta Park area if the levee fails - not just the neighborhood.
Dr. Gray came with a foregone conclusion and did not do a local evaluation.
Says the Army corp of Engineers makes the decisions; DD is just for ministerial work.
Petitioners use the word "likely" to prevail - TRO needs a higher standard of surety- therefore neighbors lose on the merits.

Attorney for the RiverKeepers:

Suggested that if this was such an emergency situation, why weren't the Army Corp of Engineers and the geotech firm hired by Pen2 not here testifying?
Remarked that Pen2 is relying only on the one sentence about deficiencies taken from a letter from the Corp to a local politician.
Argued that the Commission is still necessary and that the court can appoint such a commission.


I will issue a decision after lunch tomorrow

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