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Executive Session Item 8. A.

Regular BOS Meeting

Meeting Date:	03/15/2022
Submitted By:	Jefferson Dalton, Deputy County Attorney, Civil Bureau Chief
Department:	County Attorney

Information

Request/Subject

To go into Executive Session to discuss - Rivers Edge Payson, LLC v. Gila County, Maricopa County Cause No. CV2021-016013, formerly Gila County Cause No. CV202000114.

Background Information

Plaintiff Rivers Edge Payson, LLC, in the Gila County Superior Court, Cause No. CV202000114, seeking declaratory and injunctive relief. Plaintiff sought a change of venue and it is now Maricopa County Cause No. CV2021-016013.

This matter concerns a dispute relating to the validity of an easement executed on October 27, 1988, by Fred Eldean and Margaret Eldean, in favor of Gila County. Plaintiff Rivers Edge Payson, LLC, the successor in title to the Eldeans, disputes the continued validity of the document as an encumbrance upon its property. To date, the parties have been engaged in settlement negotiations. Unfortunately, those negotiations have not been successful. The Gila County Attorney requests that the Gila County Board of Supervisors hold an executive session regarding the matter. An executive session is sought for the purpose of the Board’s discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body’s position in this pending litigation or in settlement discussions conducted in order to resolve litigation pursuant to A.R.S. §§ 38-431.03(A)(3) and (4).

Evaluation

The Board of Supervisors needs to be presented with the most recent information pertaining to the litigation and settlement negotiations and provide direction to its attorneys, so an executive session is appropriate.

Conclusion

It is appropriate that the Gila County Board of Supervisors hold an executive session under A.R.S. §§ 38-431.03(A)(3) and (4) to discuss the litigation and the most recent settlement negotiations.

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. §§ 38-431.03(A)(3) and (4), to discuss and consult with its attorneys regarding the litigation and settlement negotiations.

Suggested Motion

Information/Discussion/Action to vote to go into executive session pursuant to A.R.S. §§ 38-431.03(A)(3) and (4) to discuss pending litigation in Rivers Edge Payson, LLC v. Gila County, Maricopa County Cause No. CV021-016013, formerly Gila County Cause No. CV202000114, settlement negotiations. (Jeff Dalton)

Attachments
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