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Council says lawsuit limits city action in Peng carport dispute; lien placed on property
Summary
Residents and council described an ongoing lawsuit between a homeowner and 'Peng' over a disputed carport; council said it has limited authority while litigation proceeds and noted a lien is on the property and Peng has countersued for $500.
The council discussed a protracted legal dispute between a homeowner and an individual identified in the minutes as 'Peng' over an alleged illegal carport. The minutes record that the homeowner is in a lawsuit with Peng and that the homeowner’s attorney had sent two letters requesting responses that went unanswered. The minutes also state Peng is suing the homeowner for $500 related to a driveway issue, and that the city has placed a lien on the property.
Council members and staff said the city’s options are limited while the litigation continues. Council advice included instructing the homeowner to notify Peng (return receipt required) that a nearby tree poses a danger so any resulting damage would be covered by insurance. The minutes note Clackamas County cannot act because a building permit was not required for the structure.
