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Executive Session Item 7. A.

Regular BOS Meeting

Meeting Date:	04/07/2020
Submitted For:	Jefferson Dalton
Submitted By:	Jefferson Dalton, Deputy County Attorney, Civil Bureau Chief
Department:	County Attorney
Fiscal Year:	2019-2020	Budgeted?:	No
Contract Dates Begin & End:	2019-2020	Grant?:	No
Matching Requirement?:	No	Fund?:	New

Information

Request/Subject

The Gila County Attorney requests that the Gila County Board of Supervisors give instructions regarding the Board's position in the matter of "ROBERT MITCHELL, an individual, DAVID WEST, an individual, Appellants, v. GILA COUNTY, a body politic; THE GILA COUNTY BOARD OF ADJUSTMENT; Appellees. NOTICE OF APPEAL FOR JUDICIAL REVIEW OF ADMINISTRATIVE DECISION".

Background Information

Scott and Michelle Buzan applied to the Gila County Board of Adjustment for a variance regarding setback requirements as applied to their property on Roper Lane in the Verde Glen 3 subdivision in northern Gila County. The Board of Adjustment held a hearing on February 20, 2020, and granted the variance. The above-stated notice of appeal was filed by Mitchell and West thereafter.

Evaluation

The Gila County Board of Supervisors may vote to hold an executive session pursuant to A.R.S. § 38-431.03(A)(3) and (4) to consider its position and instruct its attorneys regarding its position in pending litigation or in settlement discussions conducted in order to avoid or resolve litigation.

Conclusion

The Gila County Attorney recommends that the Gila County Board of Supervisors vote to hold an executive session to consider this matter.

Recommendation

The Gila County Attorney recommends that the Gila County Board of Supervisors vote to hold an executive session to consider this matter.

Suggested Motion

Information/Discussion/Action to vote to go into executive session under A.R.S. § 38-431.03(A)(3) and (4) for discussion or consultation with the attorneys in order for the Gila County Board of Supervisors to consider its position and instruct its attorneys regarding its position in pending litigation or in settlement discussions to be conducted in order to avoid or resolve litigation in the matter of ROBERT MITCHELL, an individual, DAVID WEST, an individual, Appellants, v. GILA COUNTY, a body politic; THE GILA COUNTY BOARD OF ADJUSTMENT, Appellees NOTICE OF APPEAL FOR JUDICIAL REVIEW OF ADMINISTRATIVE DECISION. (Jefferson Dalton)

Attachments
Notice of Appeal