Representative Matters
John filed suit in Marion County on behalf of a successful farm operation against a global communications tower company, which leased farm property for operation of a 1,000 foot communications tower. During discovery, John determined that the tower company had fraudulently concealed revenue it was required to share with the farm operation. The jury determined that the tower company had both breached the lease and fraudulently concealed its activities, awarding John’s client over $347,000, to which the court added prejudgment interest of over $311,000, plus attorney fees and costs.
On behalf of an individual, John filed suit in Columbia County against property owners, claiming the property owners had breached an oral agreement to convey an interest in a 76-acre parcel to John’s client. After a two-day trial, the court ruled that John’s client owned 62% of the property, and was entitled to a judgment of approximately $71,000 as his share of proceeds from prior logging operations on the property. The court also ruled that John’s client could log the remainder of the property to recover the amount due him.
Only six weeks before trial, John took over the representation of a shopping center owner sued for more than $200,000 by contractors who also sought to foreclose the property based on alleged construction liens. After a six-day trial, the court entered a judgment in favor of John’s client, ruling that the two lien claimants were entitled to nothing, and that the shopping center owner was entitled to his reasonable attorney fees and costs.
John’s clients, owners of a stand-alone convenience store, were sued for refusal to relocate their store in a new building their landlord had built on the same property that the convenience store was located. While the lease did require such relocation, during three evidentiary hearings John obtained rulings that prevented the landlord from relocating the convenience store into an unfavorable, low-visibility space. Ultimately, the landlord was forced to relocate the convenience store to an area of the new building with much greater visibility and access.
When the owners of one of Portland’s landmark restaurants were suddenly and physically locked out of their restaurant by their landlord in the middle of the night, based on alleged breaches of the lease, followed by the landlord’s efforts to hire all of their employees, John filed a lawsuit in Multnomah County on behalf of the restaurant and immediately obtained a restraining order, and then a preliminary injunction, preventing the take-over of the restaurant by the landlord. A favorable settlement was reached shortly thereafter allowing the restaurant to continue its operation.
In an action filed in Clackamas County against John’s client, a general contractor, plaintiff alleged that John’s client had defectively constructed their home in Happy Valley, Oregon, seeking substantial damages. After a four-day trial, the court denied plaintiff’s claims in their entirety, awarding them nothing, and awarding John’s client their attorney fees and costs.
Presentations
Working with Legal Counsel, Speaker, 2014 Construction Industry Summit for Associated Builders and Contractors
