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Appeal keeps CHD dispute alive

Plaintiffs in a lawsuit filed January 2012 that alleges a former Columbia Health District board negligently and illegally managed the district’s assets in the lead up to its dissolution this week appealed a summary judgment ruling against their arguments.

Plaintiff Tammy Maygra, who took over as chair of the CHD board for several months, including the period following a September 2011 vote to dissolve the district, said in a letter emailed Monday the appeal argues Columbia Circuit Judge Ted Grove based his Dec. 28 summary judgment on late filings and not the merits of the case.

“The appeal is based on the fact that Judge Grove did not evaluate the evidence that was presented by the CHD; rather he based his decision on a missed deadline by the pro-bono CHD attorney,” Maygra wrote. St. Helens’ attorney James Huffman is representing Maygra and other plaintiffs.

Defense attorney Brett Mersereau of the Portland law firm Mersereau Shannon LLP in an earlier email sent to The Spotlight disputed comments about the case not being decided on its merits.

“The court decided the case on its merits, finding that all actions taken were according to statute,” Mersereau said.