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Executive Session Item 8. A.

Regular BOS Meeting

Meeting Date:	12/04/2018
Submitted For:	Jefferson Dalton	Submitted By:	Athena Gooding, Legal Secretary, Lead
Department:	County Attorney

Information

Request/Subject

Ray Stephens and Julie La Magna, owners and operators of Trident Winery - Ongoing Violations of the Gila County Zoning Ordinance.

Background Information

On September 8, 2017, a hearing was conducted by Hearing Officer Donald Voakes on Gila County Community Development Division Complaint No. CP1705-005. The case involved a violation of Gila County's Zoning Ordinance by Ray Stephens, Jr. and Julie La Magna, owners and operators of Trident Winery in Pine, Arizona. At the conclusion of the hearing, Hearing Officer Voakes ruled in favor of the Community Development Division and a Final Judgment was issued.

On October 31, 2017, the Board of Supervisors held an appellate review hearing to affirm, modify, or reverse the decision of the Gila County Hearing Officer regarding this case and voted unanimously to uphold the Hearing Officer's decision.

Since that time, the County has been involved in litigation to uphold the Hearing Officer's decision and resolve the issue of continued violations and has filed a separate lawsuit to enjoin retail sales of alcohol on the subject property. Defense counsel has requested settlement.

Evaluation

The Gila County Attorney's Office needs the Board to timely consider this matter and give instructions regarding the Board's position regarding possible future legal actions or settlement.

Conclusion

The Gila County Attorney's Office needs the Board's instructions regarding the Board's position regarding settlement or future legal actions to be taken against Ray Stephens, Jr. and Julie La Magna, owners and operators of Trident Winery.

Recommendation

The Gila County Attorney's Office recommends that the Gila County Board of Supervisors vote to go into executive session, under A.R.S. Section 38-431.03(A)(3)-(4), in order to consider its position and instruct its attorneys regarding the public body's position regarding pending litigation or in settlement discussions in order to resolve litigation with regard to Ray Stephens, Jr. and Julie La Magna, owners and operators of Trident Winery, and to consult with its attorneys and receive legal advice from and instruct its attorneys regarding the public body's position in the matter, and after the regular meeting has been reconvened, move to direct its attorneys to proceed as directed in the executive session regarding this agenda item.

Suggested Motion

Information/Discussion/Action to vote to go into executive session pursuant to A.R.S. § 38-431.03(A)(3)-(4) in order for the Board to consider its position and instruct its attorneys regarding the public body's position regarding pending litigation or in settlement discussions in order to resolve litigation with regard to Ray Stephens, Jr. and Julie La Magna, owners and operators of Trident Winery, and to consult with its attorneys and receive legal advice from and instruct its attorneys regarding the public body's position in the matter, and after the regular meeting has been reconvened, move to direct its attorneys to proceed as directed in the executive session regarding this agenda item. (Jeff Dalton)

Attachments
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