Western Radio Services Company, Inc. v. Allen et al

Filing 154

Judgment. See formal Judgment. Signed on 12/18/2015 by Chief Judge Ann L. Aiken. (rh)

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
EUGENE DIVISION
WESTERN RADIO SERVICES
COMPANY, INC.,
Plaintiff,

Case No. 6:14-cv-00747-AA
JUDGMENT
f~t oposai.H

v.
JOHN ALLEN, et al.,
Defendants.
The Court DECLARES as follows:
1.

Based on the Opinion and Order entered on 4/17/2015 (Dkt. 115),

Plaintiffs first and second claims against the Individual Defendants are dismissed with
prejudice.
2.

Based on the Opinion and Order entered on 11/24/15 (Dkt. 150), Plaintiffs

third and fourth claims for relief are dismissed with prejudice;
3.

Based on the Opinion and Order entered on 11/24/15 (Dkt. 150), Plaintiff

has no valid leases or permits and no authorization to maintain any communication
property pursuant to the agency actions and decisions challenged in Plaintiffs third and
fourth claims.
4.

Based on the Opinion and Order entered on 11/24/15 (Dkt. 150), as to

Defendant United States' first, second and third counterclaims, Plaintiff Western Radio is
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liable for intentional trespass and shall remove all trespassing property (facilities) as
required by the permanent injunction below.
5.

Based on the Opinion and Order entered on 11/24/15 (Dkt. 150), as to

Defendant United States' fourth counterclaim for unjust enrichment, Judgment is entered
for the United States in the amount of $29,279.58. Post judgment interest shall accrue at the
legal rate pursuant to 28 U.S.C. § 1961 (a) and shall be computed daily and compounded
annually until paid in full.
6.

The United States is the owner of any facilities that are not removed by

Western Radio, as required by the permanent injunction below.
7.

The United States is awarded all reasonable costs of removal and site

restoration that may be incurred to satisfy the terms of this Judgment.
The Court ENJOINS AND RESTRAINS Western Radio as follows:
1.

Western Radio shall remove all facilities at Sugar Pine Butte, Round

Mountain and Gray Butte. Western Radio shall remove all facilities at a site within 14
days of written notice from the Forest Service. May 15, 2016 is the earliest date that the
Forest Service shall provide the written notice and Western Radio shall not remove any
facilities without written notice. Any facility remaining at a site after a 14 day notice
shall be the property of the United States. For all sites and facilities, Western Radio
shall remove all facilities by August 1, 2016. Written notice is effective by e-mail when
sent to Western Radio at [e-mail].

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2.

Western Radio shall cease its operations at Gray Butte and remove

Sureline's equipment from the site within four days of entry of this Judgment. If
Western Radio does not cease operations or remove Sureline's equipment, the United
States may take any action necessary to satisfy this permanent injunction.
This is the Court's Judgment in this matter. The Court retains jurisdiction as
necessary to enforce or modify the terms of this Judgment.

DATED this

Honorable Ann Aiken
United States Chief District Judge

SUBMITTED BY: '
BILLY J. WILLIAl\!fS
United States Attorney
Isl Neil J Evans
NEIL J. EVANS, OSB #96551
Assistant United States Attorney
United States Attorney's Office
1000 SW Third Avenue, Suite 600
Portland, OR 97204-2902

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