Pendleton City Councilman Al Plute lost his gamble to keep his business from paying more than $61,000 to Pendleton Plumbing Inc.

Plute did not return a call for comment, and staff at Pendleton Plumbing said husband and wife owners Jeffery “J.T.” Dooley and Michelle Dooley were unavailable due to personal reasons. But the ruling from Circuit Judge Lynn Hampton of Pendleton is clear: Temple Building Development, which Plute owns, must pay $61,111 to Pendleton Plumbing.

Temple Building Development, a limited liability company, owns the St. George Plaza, a downtown Pendleton business and residential space that Plute renovated from 2009-2012. Pendleton Plumbing worked at the hotel during those years. In 2013, the company sued Plute and his business interests for not paying the final bill.

The case went to trial in November 2014 in Pendleton circuit court and the jury sided with Pendleton Plumbing.

The case went back to court on Jan. 28, when Plute’s attorney, Will Perkinson of Pendleton, disputed whether the jury determined anyone had to pay the money. Pendleton attorney Tim O’Hanlon for the plumbing company and the Dooleys argued that jury wanted Plute to pay the balance.

Hampton issued her four-page opinion and ruling April 23.

The jury found Pendleton Plumbing and Temple had a construction contract under Oregon Revised Statute 701.625, according to Hampton’s ruling, and the unpaid balance of that contract was $61,111. The jury also found Temple did not make final payment for the work.

“Therefore the jury’s finding of an unpaid balance under the construction contract supports a judgment requiring Temple to pay that unpaid balance,” the ruling states.

“Under all the circumstances of this case, plaintiff is the prevailing party,” Hampton wrote, and is entitled to a judgment in the full amount.

Hampton also ruled that state law entitles Pendleton Plumbing to receive interest on the balance at the rate of 1.5 percent per month dating from March 7, 2011, and Pendleton Plumbing is entitled to costs and attorney fees, but Plute and his side are not.

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Contact Phil Wright at pwright@eastoregonian.com or 541-966-0833.