Court orders men to vacate Hendricks Road property

Rusty Rae / News-Register##Attorney Steve Cox and estate representative Grace Snidow appear in court along with Hendricks Road residents Brian Suverly, Jack Pettit, Patrick O'Rourke, Wayne Gross and Marshall Gross.

The men living at 7351 N.E. Hendricks Road, Carlton, have been ordered to vacate the property by Thursday.

Yamhill County Circuit Court Judge Jennifer Chapman found in favor of the estate of the deceased property owner, which has been trying to evict five men from the site since last fall.

The judge's ruling means the men must leave within four working days. If they don't, the Yamhill County Sheriff's Office could become involved in moving them.

Grace Snidow, representative of the estate of Rodger Schneider, posted a 60-day eviction notice on Nov. 13. Sheriff's deputies were called to the site numerous times since then, including twice last week. One of the recent calls, for instance, was about someone firing a gun; it turned out to be fireworks, according to a representative of he sheriff's office.

Firefighters also visited the property several times. Two major structure fires occurred: A large barn burned down on Christmas Eve and the century-old house burned on New Year's Eve.

The five men living in RVs on the property remained there after the mid-January eviction deadline and were still there Friday, when the trial took place.

They initiated the trial when they contested the eviction at a hearing Jan. 29.

Patrick O'Rourke, Marshall Gross, Wayne Gross, Jack Pettit and Brian Suverly represented themselves Friday, without a lawyer.

Snidow and the estate were represented by McMinnville attorney Steve Cox.

In October, property owner Schneider was ordered to clean up the property, which was littered with car bodies, agricultural equipment, scrap metal and assorted junk. Although he did not appear in court, he was found in violation of Yamhill County codes restricting solid waste accumulation and the time span for allowing campers.

Schneider was found dead a few weeks later, apparently of natural causes related to a long-term illness.

Snidow said he left the property to herself and 10 other first cousins. She was put in charge of the estate.

She initiated the no-cause eviction and began steps toward selling the property.

During the Friday trial, which lasted a little over an hour, the men camping in RVs on the site told the judge a different story.

O'Rourke said Schneider had left the property to him, not his cousins. He had been friends with Schneider for decades and had been his caregiver in recent years.

He argued that "it's not a legal eviction" for many reasons, including the fact that power to the property was cut off in December. He suggested the court start the 60-day eviction period over.

Marshall Gross said he came to the site four years ago to help Schneider clean it up. He would like to stay and complete that task -- and in doing so, clear his name.

O'Rourke and some of the others said they are willing to move, but they have not had time to find other places or remove their possessions. During the eviction period, they claimed, they were harrassed by Snidow, county officials and passersby; they had to spend their time defending themselves, rather than moving.

Some also said they'd been promised money to help with their relocation, but had not received any. And their possessions had been stolen, as well, they said.

"This goes way beyond simplicity," Suverly said. "We've been violated in so many ways."

Chapman explained to the defendants that Friday's trial dealt only with the issue of who owns the property and whether they have a right to evict people living there.

"I understand your frustrations," she said, referring to the men's claims of harassment, theft and other problems.

However, she said, she had to make a ruling on the narrow parameters of the eviction case and on evidence. She ruled in favor of Snidow and the estate.