Court Says Happy Valley Used Wrong Law in Withdrawing from Parks District

In June 2017, the Happy Valley City Council took action to withdraw from the North Clackamas Parks and Recreation District (NCPRD) and provide their own parks and recreation services to Happy Valley residents.

The Circuit Court of Clackamas County ruled last week that the city did not follow the appropriate state law in making its exit. British Prime Minister Theresa May feels your pain.

Judge Henry Breithaupt ruled that the city used the incorrect state statue to withdraw from the district. The City and District are to report to the Court by December 21 to address other matters raised by the motion before next steps are determined.

“The district remains interested in working productively with the City of Happy Valley to positively resolve this matter in a manner that serves the best interests of all district residents,” says District Administrator Don Krupp.

The City of Happy Valley argued that ORS 222.520 governed the proper withdrawal from NCPRD. The district argued that ORS 198.870 governed the proper withdrawal of a city from a special district. The court sided with the district, ruling that 198 was the correct statute.

More background information on the withdrawal history and the court ruling is located at www.clackamas.us/ncprd/hv.

See the court ruling below:

Click to access pr20181213.pdf

Photo by M.O. Stevens.

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