Wendy Culver of the Portland Business Journal has the following in her new article January 21, 2011.
"In a response filed Jan. 12, Washington County acknowledged that Wheeler crawled through the fence and was taking photos.
But it said Wheeler’s actions were acceptable because he was investigating potentially unpermitted activities. It said the couple previously provided Wheeler with permission and access codes to enter the property to discuss construction activities with contractors.
The county also denies that Wheeler initiated a physical conflict with Amy Roloff, who pursued Wheeler back to his truck after ordering him off her property.
“Defendant John Wheeler did not intend to cause Amy Roloff emotional distress and the conduct of John Wheeler was not an extraordinary transgression of the bounds of socially tolerable conduct where the entry was limited to viewing activities in an open field and the defendant complied when asked to get off the property. This is particularly true in this case where plaintiffs filmed the entire incident and Amy Roloff was physically aggressive towards defendant John Wheeler,” it said."
You can read Wendy Culver's full article on the Portland Business Journal.