Foreclosure proceeds against Amboy resident

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The case between Amboy resident Dave Darby and Clark County appears to be nearing a conclusion.

On Aug. 15, a judge granted Clark County’s motion for a summary judgment against Darby that will allow the county to proceed to a tax foreclosure sale.

Frustrated by his inability to have a previous case heard in a federal court, Darby said he made the conscious decision to stop paying the taxes on his Amboy property and home. Clark County records show that Darby has not paid his property taxes since the first half of 2008. He now owes Clark County nearly $24,000 in unpaid taxes, penalties and interest.

As a result of Darby’s delinquent taxes, Clark County started foreclosure proceedings on his property, which he said he has owned since 1983. The property is located at 15717 NE Grantham Road, Amboy. His 4.7 acres, with a manufactured home, is valued at $154,712 by the county.

Taylor Hallvik, the attorney handling the case for Clark County, confirmed that the county’s motion for summary judgment had been granted. He would not speak specifically about Darby’s case.

“Generally speaking, after the summary judgment has been granted and the final motions is entered, the case is over,’’ Hallvik said.

Hallvik did say that Darby could seek an appeal.

Clark County Treasurer Doug Lasher said the county can’t proceed with the tax foreclosure sale for 30 days.

“We will start our process to bring it to a foreclosure sale,’’ Lasher said. “It will be a separate sale. The judge has ordered us to sell it and we will do that. My staff is working on a date to put that together.’’

Lasher said the property would be sold in an online auction. He said the details of the sale will be available soon.

Lasher said that Darby could also stop the foreclosure sale by paying the taxes owed as well as other costs that have occurred during the process.

“Those costs have accrued over a period of years because he hasn’t paid his taxes,’’ Lasher said. “It’s up to Mr. Darby. He’s been in control of this since the beginning, whereas with some people, it’s out of their control financially. It’s up to what he wants to do now.’’

In July, Darby was part of the formation of a Common Law Grand Jury. He said, “The Common Law Grand Jury is the only way we the people can change what is happening.’’



Darby admitted that such juries “died down about the time of the Civil War because the Constitution was done away with at that point. We became a corporation and after that the corporation decided they wanted to control the courts.’’

Darby said there are currently 27 members of the Clark County Common Law Grand Jury.

“We are accepting anyone who wants to join at any time,’’ he said.

Darby said the Common Law Grand Jury foreman, Vancouver resident Lowell Miller, advised him not to attend a July 1 court date. Instead, Miller and other members represented Darby at the proceeding.

“They told the court to stand down,’’ Darby said. “Judge (Gregory) Gonzalez ran our jury foreman out of the court and would not listen to our constitutional argument.’’

Darby wouldn’t reveal what his next step will be in his battle with the county.

In a prior interview with The Reflector, Darby said the county didn’t have the right to tax his property.

“You show me where it’s constitutional, and I will pay the taxes,’’ said Darby, who considers himself a natural born Sovereign citizen. “They (county officials) know they can’t do that because they know they don’t have the proof.’’

“I have proven through national and state certified documents that I have terminated all contracts with any and all corporate governments, which includes corporate Clark County,’’ Darby wrote in a recent affidavit. “I have regained my sovereign status to which I was constitutionally born into. Therefore, no unconstitutional (corporate) government has any jurisdiction over me without a formally signed contract between David A. Darby and the Clark County Corporate government.’’

Darby previously told The Reflector that even if his property is sold in a tax foreclosure sale, he doesn’t plan on leaving his property.

“I am not going to be taken from my land unconstitutionally,’’ he said.

For more information, Darby encouraged area residents to go to www.SovereignProject.com.