Agenda

Back to Calendar Return

Executive Session Item 6. B.

Regular BOS Meeting

Meeting Date:	06/05/2018
Submitted For:	Jefferson Dalton	Submitted By:	Athena Gooding, Legal Secretary, Lead
Department:	County Attorney

Information

Request/Subject

On February 16, 2018, a Complaint for Declaratory Relief was filed in the Gila County Superior Court regarding RIVERS EDGE PAYSON, LLC. v. GILA COUNTY No. CV201800044, pertaining to Resolution No. 18-02-02 accepting a grant of roadway easement and quit claim deeds designating portions of Verde Glen Road north of Payson as a primitive road. The lawsuit has now been answered and litigation is going forward.

Background Information

Rivers Edge Payson LLC has filed a suit against Gila County disputing the matter of Verde Glen Road which begins at Forest Road 64 (Control Road) and traverses through the Tonto National Forest prior to crossing several private parcels of land in and around the Verde Glen Subdivisions. Gila County maintains the road on the Tonto National Forest through a cooperative maintenance agreement. The Gila County Board of Supervisors has accepted the road into the maintenance system.

Evaluation

The Gila County Attorney's Office recommends that the Gila County Board of Supervisors vote to go into executive session for discussions or consultations with its attorney or attorneys regarding its position regarding pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation or for discussion or consultation for legal advise with its attorneys regarding RIVERS EDGE PAYSON, LLC. v. GILA COUNTY No. CV201800044 pertaining to Resolution No. 18-02-02.

Conclusion

The Gila County Attorney's Office needs to consult with its client, the Gila County Board of Supervisors, to apprise the Board of developments in the pending litigation and to receive instructions from and give legal advise to the Board in RIVERS EDGE PAYSON, LLC. v. GILA COUNTY No. CV201800044 pertaining to Resolution No. 18-02-02.

Recommendation

The Gila County Attorney's Office recommends that the Gila County Board of Supervisors vote to go into executive session pursuant to A.R.S. § 38-431.03(A)(3) and (4) to discuss and consult with its attorneys regarding RIVERS EDGE PAYSON, LLC v. GILA COUNTY No. CV201800044 pertaining to Resolution 18-02-02, for discussion and consultation with its attorneys in order to consider its position and instruct its attorneys regarding its position regarding pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve the litigation, and for discussion or consultation for legal advice with its attorneys, 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: Vote to go into executive session pursuant to A.R.S. § 38-431.03(A)(3) and (4) to discuss and consult with its attorneys regarding RIVERS EDGE PAYSON, LLC v. GILA COUNTY No. CV201800044 pertaining to Resolution No. 18-02-02, for discussion and consultation with its attorneys in order to consider its position and instruct its attorneys regarding its position regarding pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve the litigation, and for discussion or consultation for legal advice with its attorneys, 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
No file(s) attached.