PUD files appeal of judge's ruling

EPHRATA - The Grant County PUD has filed an appeal with the Ninth Circuit Court of Appeals in San Francisco of Federal Judge Justin L. Quackenbush's denial of binding arbitration in the lawsuit Crescent Bar lease holders have against the PUD.

According to Sarah Morford, public relations chief for the PUD, the appeal was filed shortly after Quackenbush made his decision. The Crescent Bar Lease Committee, which represents the three home owner groups on the island, adds that the PUD has filed a motion with Quackenbush for a stay of proceedings in Spokane, pending the outcome of the appeal.

The CBLC believes the appeal by the PUD is only going to slow things down. The CBLC has until Dec. 10 to respond to the PUD filing. After that, it could take the Ninth Circuit months or maybe a year to make a decision.

The CBLC plans to respond to the motion for a stay this week, but it had not decided as of Tuesday what that response would be. On the response to the appeal, it will take its time to decide what that will be.

In a newsletter printed by the PUD, the PUD stated simply that it "respectfully disagrees with the court's recent ruling," adding: "We continue to believe that allowing alternative dispute resolution rather than litigation would be faster and less costly than a court process."

The CBLC does not believe the PUD will prevail in its appeal. Members believe Quackenbush's explanation was so well thought out and crafted that the appeals court will find no reason to uphold the appeal.

At issue is whether the dispute should be decided by a court or a binding arbitration panel. The CBLC wants to keep the case in court. The PUD wants arbitration. Quackenbush ruled that the PUD was too late in asking for arbitration.

In its newsletter, the PUD said it has been committed to a quick resolution from the start. The CBLC has stated the same thing, saying it would go for negotiations but not binding arbitration.