HERMISTON — After three weeks of construction and one preliminary injunction hearing, there’s still no resolution in the conflict between Umatilla County and property owners over a project to pave and expand Airport and Ott roads in Hermiston.

Chris Waine and his wife, Monique, filed a lawsuit in March seeking to resolve conflicts between county surveys of their property and their property deed, which they claim would subsequently prove that 11 feet on the north and 5 feet on the east side of their property is in fact theirs and not a county right-of-way.

“There has to be a good faith trust of the public with the people who set the boundaries of our land,” Waine said.

Despite the disputed land, the county moved ahead with the project and the project contractor, Tapani Inc., of Battleground, Washington, began construction April 21. Since then, the project has encroached a few feet to both the north and south into the disputed land, and employees from the Umatilla County Public Works Department, including Director Tom Fellows, cut down Waine’s wire fence on April 22.

That prompted Waine to line his property with vehicles and proclaim they would “hold the line” against any further action. On April 23, Waine’s attorney, Shea Meehan of Walker Heye Meehan & Eisingera, a Richland, Washington-based law firm, filed a motion for a temporary restraining order to prevent the county, the city of Hermiston, and any of their agents from coming onto Waine’s property.

“The actions of the defendants’ agents in commencing construction within the disputed area invades the plaintiffs’ rights as a property owner and will result in irreparable harm if allowed to occur,” the motion states.

Umatilla County Circuit Judge Eva Temple didn’t issue a ruling at a hearing on the restraining order on Thursday, deciding rather to have all the exhibits of evidence physically sent to her to review first.

Those exhibits consist of county survey records, which Waine claims erroneously places the county right-of-way in his property boundary due to mistaken references to historical survey markers.

Affidavits were also filed in support of the county’s claim to the right-of-way by county surveyors Matt Kenney and David Krumbein.

But while the litigation plays out, the project has continued on around Airport and Ott roads with more gravel being dumped and grading being done to the roads. While Waine says there hasn’t been any more work done to the disputed land, he’s continuing to monitor it each and every day because of the erosion of trust between him and the county.

Though he’s confident the judge will grant the temporary restraining order, Waine believes the project will continue throughout the neighborhood even though the order might complicate the logistics of completing it as planned. And after the county tore down his fence, Waine plans to watch the disputed property line until the case is fully resolved.

“I don’t trust the county at this point. If I did, I wouldn’t be here,” he said. “So no, I don’t believe it will give me any peace of mind.”