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Tigard Water District Lawsuit Denied The Tigard Water District Board filed a lawsuit in Washington County Circuit Court naming the City of Tigard as a defendant in August 2007, challenging that notice was inappropriately given for a Water District Board meeting in June 2007. The Circuit Court dismissed the District's lawsuit on January 25, 2008 citing the Water District's failure to act on the case within the court's 28-day order. The Tigard Water District filed a motion to reinstate the complaint. After a hearing on March 10, 2008, Judge Kohl denied the Water District's motion to reinstate the case. The Court found that the District had ignored the requirements of a civil rule and that reinstating the case in these circumstances would, in effect, gut the rule. The Water District re-filed its lawsuit on March 13, 2008. After a hearing on June 2, 2008, Judge Rogers ruled that the statue governing notice requirements was never intended to allow a jurisdiction to sue itself to overturn a previous decision and changing the suit to convert the plaintiff's board to a group of individuals does not overcome that basic flaw. Tigard Water District will have the ability to appeal this decision to the Court of Appeals and beyond should it so choose. |
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