Case no. 23CN00191

Questions and answers?

This article is so inconclusive and leaves so many more questions than answers that it’s fair to say it’s probably a waste of time to read. But if the honorable Circuit Court Judge Joan E. Demarest could spend time on this, we will as well, and, as promised, publish a write-up. This is interesting information, and public information supported by taxpayer dollars… but fair warning, there are more dead ends here than answers.

Backstory, if you didn’t read: Flat Tail Brewing Part 2. Next.

Case number 23CN00191 is a petition for an order of contempt against the Corvallis Club. Information was requested from the club, and the court heard arguments; however, the respondent, “Corvallis Country Club,” did not appear or provide the requested information. The petition for an order of contempt was granted and signed by the judge. The respondent was fined $500 for each business day beginning April 7, 2023, with all fines payable to the court, along with legal fees of $5,290.50. Next.

The documents were served by a process server, Mercuty PDX, to the parties involved. Signed receipt by Jef Van Arsdall, Sheriff Benton County, Oregon. Next.

We contacted the Benton County District Attorney, who responded quickly, provided helpful information, and clarified that this is a Circuit Court matter, part of the state judicial branch, while their office operates at the county level. Interestingly, county and circuit court cases are heard in the same downtown building, but are branches that operate independently. So, kudos to the DA for responding… taxpayer dollars at work. Next.

We contacted the Corvallis Police Department, who were also quick to respond and very helpful. They directed us to the Benton County Sheriff’s Office, noting that it falls under their jurisdiction, not the Corvallis PD’s. So, kudos to the Corvallis Police Department as well, taxpayer dollars at work. Next.

We contacted the Benton County Sheriff’s Office, who also responded quickly, so kudos to them as well. In summary, the Sheriff’s Office confirmed that the defendant (The Corvallis Club) was formally served in person by a sheriff’s sergeant with a full set of legal documents, including a contempt order and a monetary judgment. Next.

The court’s message was delivered clearly and officially, but that’s where the process stopped, which is odd. The Sheriff’s Office says it never received a writ of execution, the legal mechanism required to actually enforce the judgment. Without it, no further action could be taken. The writ is a court order that authorizes the sheriff to seize a debtor's assets, money in a bank account, personal property, or real estate, to satisfy the debt.

This is a court order that was signed by a judge, acknowledged, delivered, and documented, but not enforced.

We contacted the Circuit Court judge’s office to ask why no writ of execution was issued with the judgement, but we never received a response. It’s only been 3 days. If they respond, we will post an update.

There are a few things we were looking for here.

One is justice. And justice was not served.

There were no penalties for the Corvallis Club being held in contempt of court, for disobeying a judge’s order, and ignoring the legal framework we often depend on for protection. We also help fund this framework through taxpayer dollars. The courts generate revenue as well. In cases like this, contempt-of-court fines typically go to the state, county, or a local municipality’s general fund. Instead, time was spent on this case with no return to the state or county. That makes us angry. It should make you angry as well.

We were also looking for an answer as to why the Corvallis Club was not required to pay the court-ordered fines. It appears the answer is that no writ of execution was included in the judgment. But that answer raises another question: why was there no writ of execution? Why would a judge hear a case, issue a judgment, and spend time on it, only for that judgment not to be enforced, especially when the Corvallis Club ignored the court’s orders?

In all honesty, a judge is far more knowledgeable about the law than we are, in fact, we’re certain of it. It’s not easy to become a judge. We assume there is a valid reason this penalty was not enforced, but we’ve asked and have yet to receive a response.

Should we not fear a contempt of court because the penalties won’t be enforced? Doesn’t a subpoena exist to compel the production of required information for the court? If that information can’t be obtained, doesn’t that contribute to a breakdown in the system? What’s the point of a subpoena at all if it doesn’t produce any information? Are the courts powerless if enforcement is not written or followed up on?

We have another question without an answer. We did receive (more than 10) angry emails in response to Flat Tail Brewing Part 2. Someone even mentioned it to us in person. This anger was directed at the Duncans. Stories of how members of the community were harmed by them in various ways. Complaints. Voices. Some even expressed fear of retribution.

These emails and complaints are hearsay. We didn’t investigate each and every one of them to verify their validity. But over 10 of them? That’s a lot. That’s a pattern. And we did verify a few.

We believe in second chances, but not in this case. This would be more like 12th, 13th, or 14th chances, especially given a documented pattern of wrongdoing. We have court documents, conversations, and emails from readers to support this. We don’t fear retribution… in fact, we welcome it. Let’s keep the story alive, shed more light on the matter, until justice is served.

The question is, why would the Corvallis Club employ these individuals? It has already faced legal fines. To us, hiring them and posting their profiles on the website seems like negative publicity, especially when these are people who have harmed the community in various ways, including stealing and embezzling money from a much-loved local business (12-person jury agrees).

Don’t expect answers from the Corvallis Club, any general inquiry emails appear to go straight to Tonya Duncan’s email address.

We won’t be signing up for a membership anytime soon.

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On a side note, we honestly have no idea if the court-ordered fines against the Corvallis Club are still running. By our math, it’s been 783 business days since the judgement. At $500 per day. Tack on the $5290.50 legal fees, and we are up to: $396,790.50.

Like we said, contempt-of-court fines typically go to the state, county, or a local municipality’s general fund. Google says “once a fine is formally imposed by a judge, it remains due until paid or the court orders otherwise.” We know Google is not a lawyer either, but we do know $396,790.50 is a lot of money.

Do you have a story for The Inquirer? Email: editor@corvallisnow.com

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