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Bowen History Continued

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November 27, 2003 12:33PM
Have a happy thanksgiving. Enjoy your turkey and pies. And another colorful article from the Bowen Ranch past.

DAILY PRESS News Article, Ware fight for Bowen house stalls, dated September 5, 1975

"SAN BERNARDINO - The legal battle of John Alan Ware to regain possession of the Bowen house and the original toll gate to Deep Creek warm springs encountered another delay Thursday when his civil suit against the ranch owners was continued until next week.

When told by Don A. Turner, presiding judge of San Bernardino County Superior court, that no courtroom was open for a trial of the case at this time, attorneys for both parties waived statutory response time and asked that the matter be set for hearing of summary judgment motions at the earliest possible date.

The case was then scheduled for 9 a.m. next Thursday in Department Two when Judge Margaret Morris will entertain cross motions for summary judgment. Lynn Zumbrunn - attorney for the east coast owners and a codefendant in Ware's suit - declined comment on any aspect of the case, but he is expected to ask for dismissal of the suit and a judgment against Ware for back rent on the Bowen House and damages.

Ware is expected to press for repossession of the land from which he was evicted in June and for compensation of business lost as a result of that eviction.

The forcible entry and detainer suit a civil action, was filed by Ware July 1 against the six owners of the Bowen Ranch - all residents of New York - and three of their West coast representatives, Arthur Goldstein and Victorville attorneys Riley B. Thompson and Lynn Zumbrunn.

The case hinges on a contested 40 acres claimed by Max Hoffman and other Bowen Ranch owners to be a part of the property they purchased from Mrs. Gertie Bowen of Apple Valley. Mrs. Bowen and her husband built the house and the toll gate to the warm springs on the 40 acres after homesteading 160 acres of land in that vicinity 50 years ago.

Ware's contention, apparently supported by a resurvey of the land just recently completed by the county, is that the Bowen house and the toll gate are located on land belonging to Fred and Cecelia Moss of Beverly Hills, owners of the ranch adjoining the Bowen property. The Moss ranch currently is under lease to Ware.

Appearing Thursday morning before Turner, Zumbrunn estimated that a trial of the case would last one-and-a-half or two days. He said the defense would present seven witnesses. Among those on hand to appear had the case gone to trial as schedule, were Linda and Gary Grams, current operators of the toll gate and tenants of the Bowen house, and Mrs. Bowen. Asked if the owners were here, Zumbrunn refused to comment.

Paul Steinmen, attorney for Ware, estimated the case would require only about an hour-and-a-half, contending that the only matter to be considered was whether or not the Hoffmans and other owners of Bowen Ranch could under penalty of perjury, arrest bona fide title to the property in question.

After hearing the motions next week, Judge Morris would have up to 60 days to render a decision. Should the judge fail to grant a judgment to either party, the matter will then be rescheduled for trial.

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Bowen History Continued

katrina island 953November 27, 2003 12:33PM



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