?1]17/2017 3:54:27 

 

 

17cv15941

2
3 IN THE CIRCUIT COURT OF THE STATE OF OREGON
4 FOR THE COUNTY OF YAMHILL
5 HARIHARA MAHESH, PARVATHY Case No. 1293115941
6 MAHESH, and MOMTAZI FAMILY
LLC, DECLARATION OF MAHMOOD
7 . MOMTAZI IN SUPPORT OF
TEMPORARY RESTRAINING ORDER
8 AND ORDER TO SHOW CAUSE
v.
9 STEVEN WAGNER, MARY WAGNER,
10 and RICHARD WAGNER,
1 1 Defendants.
12 
I, Mahmood Momtazr, declare:
13
1. I am the manager of Momtazi Family LLC, a plaintiff in this action.
14
2. I do not intend to comment on the allegations in the Third Claim for Relief
15
regarding the easement. Otherwise, I am con?dent that the other facts alleged in the
16 .
Complarnt are true.
17 3. The Momtazi Property is to the north, west, and east of the Wagner Property,
18 and is about 580 acres in size.
19 4. The Momtazi vineyard was established in 1997. The Momtazi Property was
20 developed as a biodynamic closed ecosystem that recognizes the interrelatedness of all of the
21 plants, animals and actions on the property. About 260 of the 580 acres are planted with
22 grapes. The other acres are used for water storage, forestry, open space, and other plants
23 complimentary to grape production
24

25
BROWN, TARLOW, BRIDGES
PALMER, PC
PAGE 1 DECLARATION OF MAHMOOD MOMTAZI IN 515 E. First Street
SUPPORT OF TEMPORARY RESTRAINING Newberg, Oregon 97132
ORDER AND ORDER TO SHOW CAUSE Ph: (563) 538-3138 Fax: (503) 538?9812

 




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S. Vineyards are susceptible to odorous particles that settle on the property from
nearby areas. For example, a vineyard in California located close to a eucalyptus orchard
became known for its wines that developed an unusual, and unfavorable, smell.

6. One of my customers quickly cancelled an order for grapes upon learning of
the Wagner Marijuana Operation.

7. The Wagner Defendants are already growing marijuana on the Wagner
Property.

8. Without a. restraining order, I expect that the Wagner Defendants will
signi?cantly increase the size and scope of their marijuana growing and production operation
without notice or comment by me, their neighbor, and my vines will be exposed to harmful
foul-smelling particles. If that happens, my vines, and any grapes, will be immediately and
irreparably damaged.

I hereby declare that the above statement is true to the best of my knowledge and

belief, and that I understand it is made for use as evidence in court and is subject to penalty for

perim-
Dated April I 7, 2017

MOO MT I
BROWN, TARLGW, BRIDGES
PALMER, PC
PAGE 2 DECLARATION OF MAHMOOD MOMTAZI 515 E. First Street
SUPPORT OF TEMPORARY RESTRAINING Newberg, Oregon 97132

ORDER AND ORDER TO SHOW CAUSE P11: (503) 538?3138 lFax: (503) 538-9812