Oppenlander trial begins with attorneys throwing blame at one another

Lawyers for the city of West Linn and West Linn-Wilsonville School District set the stage for the trial over Oppenlander fields by casting blame at one another during opening arguments Tuesday, Aug. 13. The two public agencies found themselves fighting each other in Clackamas County Circuit Court, two and a half years after the school district initially filed a lawsuit against the city.

Attorney Erica Clausen opened arguments for the school district, asserting that the city “poisoned the well” of partnership between the two agencies. David Bowser, the city’s attorney, meanwhile argued that the district sued the city to get out of a sales contract simply due to “seller’s remorse.”

The case centers around the contract, also known as a purchase and sale agreement— which was signed by the city in late 2021 and the district in early 2022— stated the city would buy the land from the district to keep as a park if West Linn voters approved a bond measure to fund the purchase. The deal broke down when an appraisal for the property came back at $120,000 — a startling figure given the district had the property appraised at $6.5 million several months previously. With the aim of terminating the contract entirely, the district filed a lawsuit alleging that the city breached the contract.

During opening statements the attorneys shared contrasting accounts of the hiring of appraiser Sam Romanaggi, who provided the $120,000 valuation of the 10-acre Oppenlander property. Clausen argued Romanaggi colluded with city attorney Ed Trompke to secure a low valuation of the property and hid the communications from the district.

Bowser countered that the district knew all along that Trompke initially sought Romanaggi out to provide an appraisal for the city, expecting the district would select its own appraiser.

Clausen cited an email from Trompke to Romanaggi instructing him to treat the appraisal like a “litigation assignment” due to the “political nature” of the situation and secure a low valuation of the land. Clausen went on to say the entire appraisal process was flawed because it was based on the assumption that Oppenlander was to be preserved as a park, thus limiting its potential value.

The purchase and sale agreement, which Romanaggi relied upon in the appraisal, stated the purchase price would be based “on the fair market value of the Property, taking into consideration all factors as such appraiser in its professional discretion deems relevant, including without limitation, all encumbrances on title and all limitations on the permitted use of the Property made as conditions of this sale.”

The agreement also stated the land would officially be designated as a city park under Chapter 11 of the City Charter within 60 days of closing the deal.

The district’s attorney argued that Romanaggi erred in valuing Oppenlander as non-developable recreational land because at the time of the appraisal it was still the district’s property and not a protected city park. Clausen also pointed out that Chapter 11 is not a permanent encumbrance that would limit the land to park use in perpetuity. Chapter 11 allows voters to change the designation of the park in the future.

Clausen noted that even city officials like then-Mayor Jules Walters admitted the appraisal process seemed flawed. Bowser, however, pointed out it was the district that requested the Chapter 11 restriction be included in the purchase and sale agreement because it did not want the city to purchase the land for other uses.

Bowser also said that the district had the opportunity to select its own appraiser if it wished, but never did so. Nor, he said, did the district ever object to the terms of the purchase and sale agreement, which stated that the purchase price would take into account use limitations of the property. Bowser further stated that the district provided Romanaggi with all the materials it thought would be useful in the appraisal process.

Following Tuesday’s opening arguments, the Oppenlander trial will continue this week and into next week.