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#18884
Could MEDIATION HAVE AVERTED VIOLENT OUTCOME of murderous Restrictive Covenant Dispute ( Wash.)? 2018/07/28 22:53  
A Neighbour vs Neighbour dispute over violated subdivision covenants (C.C.R.s), ended in a murderous 2014 rampage in a Washington State subdivision ironically called Meadow Charm.

Could the available community mediation services have avoided the outcome ? That is : if the stubborn covenant scofflaw could have "seen some light" in a timely fashion ?

Unfortunately there is no answer to the mediation question. In perspective the covenant disputes had centred only on disruptive illegal ( "dorm" style ) leasing & nuisance, not on prior physical assaults nor dog-poisoning . . .

( The murderous CCR shootings were the subject of a“Fear Thy Neighbour” episode - Canadian financed - on I.D. Investigation Discovery channel. )

Scofflaw John KENDALL’s Halloween day 2014 suicide occurred after he botched the highway murder attempts of his covenant-linked community neighbour complainants Erich & Abigail MOUNCE.

From next door in the low density Vancouver Washington subdivision of Meadow Charm, Kendall had surreptitiously driven after the complainants on the way to the scofflaw’s contempt of court hearing.

At a stoplight he sprayed their car with AK 47 bullets, terribly injuring Mrs Mounce but miraculously failing to kill them. Kendall suicided after the resultant massive police response.

Background :

Program makes no mention of M&A ( mediation / arbitration ) attempts in the two year long dispute - howsoever futile - but one news report below cites availability.

One interviewed neighbour later speculates that behind scofflaw KENDALL’s outrageous denials of ACTUAL existence of CCRs, is that Kendall was Meadow Charm Subdivision’s first lot buyer. At that time compliancing was reportedly sporadic at best, but voodoo beliefs are also not uncommon in such communities instead of reading one's documents. There's also a set of troubling & not-uncommon age difference & income differences between the disputants.

"First or not", such cannot explain Kendall’s continuing stubborn & ignorant denials after the civil justice system tried to whip sense into him repeatedly !

Savvied from former CCR experiences elsewhere, Kendall's nextdoor neighbour complainants had wasted little time trying in vain to beg CCR enforcement from the owners association ( HOA ) nor developer against Kendall's CCR-defying DORM & light industrial business activity.

There’s also zero mention of efforts to drag the unincorporated county municipality into by-law enforcement, and cops would merely restore short term “order”.

In the civil justice system, the victims instead retained their own experienced attorney to wipe the floor with the self represented scofflaw.

The complainant's attorney was able to persuade the court to impose a $3 K monthly penalty until compliance. That penalty was ordered payable to the complainant Mounces until rectification, NOT to the civil court. But otherwise legally imposed / even court imposed strata fines may get long ignored by a certain type of scofflaw attitude . .

Comments suggest that the 59 year old ex-airforce veteran Kendall exhibited some indicators of mental decline during the civil process appearances. And on the day preceding the murder attempts Kendall had rampaged in the office waiting room of the complainants’ attorney Denise Lukins . . .

So by this point the complainants had already obtained not only compliance orders but the $ 3 K monthly penalty award against scofflaw Kendall ( albeit ignored ). By Oct 31/14 with unpaid $ 60 K awards thus accrued & facing possible jail time for contempt, scofflaw Kendall decided to kill his victims on the way to court . . . . . .

Nov 11/04 “Property dispute between neighbors ends in hail of gunfire” https://www.oregonlive.com/clark-county/index.ssf/2014/10/vancouver_property_dispute_bet.html

Complainants’ March 6/13 Motion http://media.oregonlive.com/clark_county/other/doc.pdf includes FULL TEXT of of violated Covenants Conditions & Restrictions CC&R’s binding titles to both properties as well as County by-law violations including unlawful vacuum cleaner servicing & sale business.

Dec 3/14 The Columbian “Residents still shaken by shooting” http://www.columbian.com/news/2014/dec/03/blanford-canyon-shooting-kendall-mounce-neighbors/

Nov 1/14 The Columbian http://www.columbian.com/news/2014/oct/31/neighbors-describe-growing-tension/ src="http://ontario.cafcor.org/components/com_fireboard/template/default/images/english/emoticons/ devil.png" alt="" style="vertical-align: middle;border:0px;" />
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