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ARF- 4075

Executive Session Item 8. A.

Regular BOS Meeting

Meeting Date:	12/06/2016
Submitted For:	Jefferson Dalton	Submitted By:	Athena Gooding, Legal Secretary, Lead
Department:	County Attorney
Fiscal Year:	2016-2017	Budgeted?:	No
Contract Dates Begin & End:	N/A	Grant?:	No
Matching Requirement?:	No	Fund?:	New

Information

Request/Subject

Consideration of Strawberry Ridge Estates LLC. v. Gila County, 1 CA-TX-14-0004.

Background Information

On May 26, 2015, the Arizona Court of Appeals filed an opinion reversing a prior ruling of the Arizona Tax Court. The reversal reinstates the tax appeal of Strawberry Ridge Estates v. Gila County.

Evaluation

Due to the Court’s reversal which reinstated Strawberry Ridge Estate’s tax appeal, the Board should vote to go into executive session to receive legal advice from its attorney, consider its position in the lawsuit, and instruct its attorney how to proceed pursuant to A.R.S. § 38-431.03(A)(3)-(4).

Conclusion

Recommendation

The County Attorney’s Office recommends that the Board should vote to go into executive session to receive legal advice from its attorney, consider its position in the lawsuit, and instruct its attorney how to proceed pursuant to A.R.S. § 38-431.03(A)(3)-(4).

Suggested Motion

Information/Discussion/Action to vote to go into executive session pursuant to A.R.S. § 38-431.03(A)(3) and 38-431.03(A)(4) to receive legal advice from the Board of Supervisors' attorney regarding the lawsuit of Strawberry Ridge Estates LLC v. Gila County, 1 CA-TX-14-0004; consider its position in the lawsuit; and, after the regular meeting has been reconvened, move to direct the County Attorney’s Office to proceed as directed in the executive session regarding this agenda item. (Jeff Dalton)

Attachments
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