BREAKING NEWS

BREAKING NEWS - Town of Ruston on website April 27, 2012
Case Number 434598 Filing Date: 05-17-2012

We are pleased to announce that the honorable Judge Edmund Murphy has dismissed all claims brought against the Town of Ruston by Steve Fabre and Pt Defiance Cafe and Casino. The judge's ruling can be found below. This draws to an end years of litigation against the town. Town Attorney Carol Morris recently joined the defense team and successfully argued for summary judgement. Nice work Carol.

http://www.rustonwa.org/services/clerk-records/Newsletter/breakingnews

Except that "It ain't over till it's over".

COURT OF APPEALS DIV II
Ready Status Changed 07-24-12
Filing of VRP by Crt Reporter Filed 07-31-12
Report of Proceedings Received by Court 08-07-12
Clerk's Papers Received by Court 09-10-12
Appellants brief Filed 09-25-12
Motion to Extend Time to File Filed 10-04-12
Ruling on Motions Filed 11-21-12
Supplemental Designation of Clerk's Papers Filed 11-21-12
Respondents/Cross Appellants brief Filed 12-05-12
Supplemental Clerk's Papers Received by Court 12-21-12
Respondents brief Not filed 12-21-12 Status Changed12-21-12
Appellants Reply brief Filed 01-31-13
Screened Status Changed 02-05-13
Appellants Reply brief Received by Court 02-08-13
Appellants brief Received by Court 02-19-13
Check case Information Due

Previous posts RUSTON LAWSUIT:
http://rustonlawsuit.blogspot.com/2008/09/ruston-lawsuits.html

STAY TUNED. Real "Breaking News" as it happens.

BUCK

Leroy "Buck" Linke passed away recently. Long time Ruston resident and Town employee.
A great and wonderful person who had knowledge of much of Ruston's history.
Used to meet Buck at the Ruston Market in the morning where he was a wonderful story teller.

Link failed:
LEROY LINKE
Leroy Linke 7/21/1924 - 12/19/2011 Leroy, 87, of Tacoma, passed away at St. Joseph hospital Dec. 19, 2011. He is survived by daughter Leaetta Galbreath, son Mark Linke, 3 grandchildren, Derek, Leroy, and Kristen, 7 grandchildren, 1 great-grandson, and 3 sisters, Lauretta, Bertha, and Marilyn.
Pub Date: 12/25/2011

Read more here: http://www.southsoundclassifieds.com/Obits/Listing.asp#storylink=cpy

NEVER NEVER TOWN

Ruston Town Council meeting November 7, 2011 7pm
Pretty routine:
Res 495 adopted Official Newspaper. Amid all the clatter I did not get the name of.
Ord 1344 Adopting Town of Ruston Annual Budget for fiscal year 2012 (first reading)
MAYORS TIME/COUNCIL TIME
This is where it got exciting!
Don't attend many council meetings but showed up on Nov. 7.
Cabal gone?
If you would of witnessed the arm waving and calls to shut it down (Point Ruston) you would soon realize they are not gone and still intend to inflict maximum damage and slow down tactics. Even threatening arrests and to ram the gate. The arch typical NIMBY Town.
Interesting the people on Stack Hill were not the ones complaining but one individual who lives about six blocks away and another three blocks away both on the Council.
The lights and noise are 90 feet down from the edge of Stack Hill and well away from the main part of Ruston.
This night work is rainy, cold and dangerous but hours are controlled and imposed by the EPA from midnite to 5am. This is still an EPA controlled site and Ruston has little say although you wouldn't know it by the caterwauling council.
And a funny point the rip rap restoration was all being done on the Tacoma side of the Point Ruston site.
For a fun night of entertainment and people making fools of themselves attend a Ruston town council meeting. A laugh a minute.
2011 budget deficit $306,000 Police budget $348,000 to $384,000 with support items. Makes sense to them I guess. For 100 years Ruston got along with one Town Marshall, yes ONE.
What is amazing is that half the meeting is counting on Point Ruston to save the town the other half how to close Point Ruston down.
Make sense to you?
Still to come on the budget deficit:
five law firms
mega lawsuits
jail costs - skyrocketing!
Total budget deficit they are not saying. But strategized delays forced Point Ruston to start building in Tacoma forestalling most taxes that will eventually be collected in Ruston.
Point Ruston - The Destination
A day late and a dollar short.
Get the picture they are dead broke and haven't got the message.
Time to bite the bullet and begin serious negotiations with the City of Tacoma and a bailout/take over. Recent improvements sewers/street light make a merger more promising possibility.

Previous council had the right idea but were not upfront with the Town's people conducting secret negotiations and back room deals. Remember we are bringing 12-15 people along? How could they have been so right and acted so wrong at the same time?
This was a grand old Town but in the last six years has taken a serious desultory wrong turn.
I never thought I would be on this side but the longer it remains the more serious damage it can cause meaning the Town of Ruston.
More on Ruston Home blog: Tuesday, December 6, 2011
Ruston School For Sale Again?
The proverbial white elephant soon to be mothballed. Remember they sold the lower parking lot for three or four million dollars to keep the Town afloat this long. But the aged school building may be beyond redemption. Wow a mega apartment site? That would rattle a lot of cages.
It can't go on much longer. Under paid and over worked Town employees pushed to the breaking point? Serious health disability problems waning.
Give up the ghost. There are no more ASARCO freebies. Welcome to the Ruston district of Tacoma! Let's get it on, full steam ahead, with Point Ruston the jewel on Commencement Bay.

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Deborah Kristovich, Lyle Hardin, Jane Hunt
Attorney, Carol Morris
Planner, Rob White
Clerk/Treasurer, Myriah Mesa

A tad late but better late than never.
-30-

RUSTON SEWER PROJECT

Towm meeting Ruston Sewer Project August 17, 2011 7pm

Moderator was Jerry Morrissette, Town Engineer
Attendance was around 20 Towns people including:
Mayor, Bruce Hopkins
Council persons, Lyle Hardin and Jane Hunt
Former Council Persons Bob Pudlo and Dan Albertson
Town contact person Steve Taylor
Project persons, Jerry Morrissette, Dan Ozier and Charlie Severs.

After a presentation meeting was opened up for questions from the public.
My notes follow.
I&I, inflow and infiltration, storm water into sewer system causes overload at treatment plant in Tacoma is major problem.
Current sewer pipe 4-6 inches not up to code.
Funding for project from USDA (Department of Agriculture)rural development program.
Low interest rate loan over 40 years.
Will be a separate website for sewer project linked from town website (not active yet).
Houses built prior to 1970 need side sewer laterals replaced.
Permit for work available at Town Hall. Fee $90 dollars (lateral to main).
Can do work ahead of time.
Contractor schedule better detail than normal.
Due to railroad permitting some work not completed until August 2012.
J R Rodarte is prime contractor, no laterals.
Will use trenchless technology.
Steve Taylor is contact person.
Cost of lateral $1 thousand dollars to $3 thousand dollars with median at $1,500 dollars.
Cost will vary due to topograpy: trees, stone walls, etc.,
Adapters are available for difficult connections.
Cost on utility bills $5 dollars per month per home owner.
Town has done long range planning for cost reduction.
Timing of rate increase up to the Town Council.
Commercial street patch only no repaving.
Town has aerial map of sewer showing where to conncect.
Some alleys closed two to four weeks.
Garbage collection will be on street until finished.
Steve Taylor made comment time will be shorter than that.
Jerry we have to use worst case to avoid problems.
Alleys at 51st street and Rust Way.
How long will sewer service be out?
Momentarily, up to one hour.
Check website out for details.
Will be given 48 hours notice.
Plumbers responsibilty to know codes.
Questions can be posted on website or contact Steve Taylor during business hours.
Repave 49th street with asphalt.
City of Tacoma replacing main.
No alley in back of 49th street. Access will be limited. Will need to park elsewhere and walk. One lane open with flaggers will limit access to Pearl street.
Could have water problems with winter work.
Completion scheduled for October 2012.
Work has to be done and public patience appreciated.
Different crews may do sections one and three simultaneously.
Comment neighbors may charge five dollars to park in their yard brought laughter from crowd.
Project contact Charlie Severs 360-481-4144.
When it wwas pointed out that was long distance there was talk of getting an 800 number or using email. (Not all residents have computers)

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Deborah Kristovich, Lyle Hardin, Jane Hunt
Attorney, Carol Morris
Planner, Rob White
Clerk/Treasurer, Myriah Mesa
Fire Chief, Don Torbet
Police Chief, Jeremy Kunkel
Electrician, John Parker
Electricial Engineer, Mo Fesharaki
Engineer, Jerry Morrissette
-30-

ORDER ON SUMMARY JUDGMENT

Steve Fabre, individually; and Point Defiance Cafe and Casino,LLC;
Plaintiff
v.
Town of Ruston, et al.
Defendants

The Honorable Edmund Murphy in the Superior Court in the State of Washington in and for Pierce County,
County-City building room 822 June 24, 2011 1:30 pm

CLERK'S MINUTE ENTRY

Steve Fabre v. Town of Ruston June 24,2011 Order on Motions for Summary Judgment.
Pretty perfunctory except one council person had separate counsel.

RUSTON LOSES

Steve Fabre v. Town of Ruston June 24, 2011 1:30pm room 822 Judge Edmund Murphy: Motion to Dismiss
The former Mayor Council skate today. Dismissed from case.
Ruston not so lucky trial will go on for negligence, tortious interference, post Cuthbertson and 1253. Damages will be assessed at trial on NINE MILLION DOLLAR CLAIM.
They just could not leave well enough alone and poked the sleeping dog thinking it was a dead horse.
The judge held that Ruston Mayor/Council had legislative immunity dismissing all claims against individual defendants.

Res judicata or res iudicata (RJ), also known as claim preclusion, is the Latin term for "a matter [already] judged",

Res judicata claim by defendant Town of Ruston dismissed. Cuthbertson (Judge) dismissed claim. Ruston took no action to enforce new claims or actions.
Plaintiff res judicata upheld.
Grant each partially. No action on after Cuthbertson not repealed until December 10. Only Ruston argument.
Town shifted to Social Card games after declatory decision.
Summation of discretionary acts followed.

Claim for damages will go forward.

Plaintiff conversion, estoppel, abusive process dismissed.
Negligence, tortious interference will continue to trial.

My take is that the Town of Ruston should of quit when they were ahead. But the present council pressed on with Social card games then changing to house banked social card games in their haste to close the Point Defiance Cafe and Casino and its house banked card games including an illegal referendum.

The Casino and Steve Fabre may be made whole again but the damage to 35-40 employees and their lives cannot be repaired.

When you go "all in" with your credit card bad days are ahead. How bad will be decided on 06/04/2012 DEPT 09 - JUDGE MURPHY (Rm. 822 ) Confirmed 9:00 Trial (5 days).

Stay tuned for happenings along the way. CLERK'S MINUTE ENTRY will be posted when available.
One less law firm to pay but still legal bills will be substantial. A claim settlement is a definite possibility.
AWC, Association of Washington Cities, must be stone deaf not to pay attention to these thundering claims and lawsuits they have to pony up for.

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Deborah Kristovich, Lyle Hardin, Jane Hunt

SWEET NOTHINGS

Ruston, WA town council meeting March 7, 2011 7pm
Short and sweet, half an hour. Way to go.
Absent Bruce Hopkins, Bradley Huson and new Town Attorney Carol Morris
Mayor pro tem Him Hedrick unanimous vote.
AGENDA APPROVAL
Lyle-
.Ordinance 1327 this is not second reading.
.Move to remove Ord 1327 from agenda.
Approved 4-0.
Agenda as amended approved 4-0.
MINUTES
Minutes for Feb.22, 2011 approved as amended 4-0.
(Note: minutes for Feb.7,2011 skipped over.)
GENERAL PUBLIC COMMENTS
Jim-
.Overhead light on entry stairs still burned out.
.Provides a hazard.
.Offers to donate a light bulb but isn't tall enough to replace burned out bulb.
.Speakers installed to comply with ADA standards are not working.
???- Could not get name or complaint but had something to do with permitting. Will update when minutes are provided.
BUSINESS
1. Ordinance 1327 Amending chapter 5.10 of the RMC. relating to utility tax rates (second reading)
Agenda item removed earlier.
2. Resolution 485 - Appointing Kathy Brown to the Planning Commission for a term ending July 1, 2014
Approved 4-0
3. Resolution 486 - Appointing Richard Shores to the Civil Service Commission for a term ending May 2, 2016
Approved 4-0
4. Resolution 487 - Appointing Julie Martin to the Civil Service Commission for a term ending May 2, 2014
Approved 4-0
5. Establishing Dates for Code City Discussion
.Need new Town Attorney present.
.Need study session or two.
Lyle-
.Authority of Town versus City.
.Referendum had no authority.
.Questions to ask:
-What does Code City mean?
-Legal to cross districts?
-Any General Public questions?

*WORKSHOP Thursday April 21, 2011 7pm at Mary Joyce Community Center
*STUDY SESSION Tuesday April 29th 7pm at Mary Joyce Community Center

CLAIMS/PAYROLL approved 4-0
MAYOR'S TIME Absent
COUNCIL TIME
Jane - inaudible.
Lyle-
.Moved to Google apps 8-9 months ago.
.Remain with LESA
.Speaks directly to council - inaudible.
.Email archiving moved to EMAIL ARCHIVED?
(not sure if app or Town website.)
Lyle-
.Tree dedication for former Mayor Parker success.
.Thanks Beth Torbet and Karen Pickett for their support.
.Town is accepting funds for a plaque.
7:32 ADJOURN 4-0
(For full notes Disk available from Town for $5.00 I believe.)
-30-
Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Deborah Kristovich, Lyle Hardin, Jane Hunt
Attorney, Carol Morris
Planner, Rob White
Clerk/Treasurer, Myriah Mesa
Fire Chief, Don Torbet
Police Chief, Jeremy Kunkel
Electrician, John Parker
Electricial Engineer, Mo Fesharaki
Engineer, Jerry Morrissette

MOTION FOR ORDER OF DEFAULT

Fabre et al. v. Town of Ruston
Pierce County Superior Court No. 10-2-15875-3

Ruston has changed all the lawyers. The main guy is now from Spokane. May be too late to answer as time limit was not met.
Question regarding who got all the money in this fiasco dating back to 2004 I have a Public records request in for 2008 thru 2010.
Also am requesting a copy of 2008 complaint from Steve Fabre for $9 million dollars.
If the Casino gets the old school and the Town Hall in a settlement we may see an expanded trade stimulant business with a view no less. Plenty of new customers when Commencement is filled out.
Things are happening fast on this issue and it appears Town may be on the ropes unless they find a very sympathetic judge and survive appeal, if so.
following is:
MOTION FOR ORDER OF DEFAULT 1-3
NOTICE OF SUBSTITUTION OF COUNSEL (RUSTON) 1-2

MOTION FOR ORDER OF DEFAULT

SUBSTITUTION OF COUNSEL