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Consent Agenda Item 5. A.

Regular BOS Meeting

Meeting Date:	05/17/2022
Submitted For:	Jefferson Dalton
Submitted By:	Jefferson Dalton, Deputy County Attorney, Civil Bureau Chief
Department:	County Attorney
Fiscal Year:	2022	Budgeted?:	No
Contract Dates Begin & End:	2022-2024	Grant?:	No
Matching Requirement?:	No	Fund?:	New

Information

Request/Subject

The Gila County Board of Supervisors has authorized retaining outside counsel for Rivers Edge Payson LLC v. Gila County and the Gila County Attorney consents to that. The law firm of Sims Mackin, Ltd. has agreed to represent Gila County in this matter and requires an engagement letter to be signed in order to do so.

Background Information

Plaintiff, Rivers Edge Payson, LLC, is seeking declaratory and injunctive relief against Gila County. The case was originally pending in Gila County. Plaintiff sought a change of venue to Yavapai County; however, the Gila County Superior Court ordered venue changed to Maricopa County. The matter is now pending in the Maricopa County Superior Court as Case No. CV2021-016013. (The matter was formerly pending in Gila County as Gila County Superior Court Case No. was CV202000114.)

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 is the successor in title to the Eldeans and disputes the continued validity of the document as an encumbrance upon its property. To date, the parties have been engaged in settlement negotiations; however, those negotiations have not been successful.

Evaluation

The Gila County Board of Supervisors has authorized retaining outside counsel for this matter and the Gila County Attorney consents to that. The law firm of Sims Mackin, Ltd. has agreed to represent Gila County in this matter and requires an engagement letter to be signed in order to do so.

Conclusion

The Gila County Attorney recommends that the Gila County Board of Supervisors retain the law firm of Sims Mackin, Ltd. to represent Gila County in Rivers Edge, Payson LLC v. Gila County, Maricopa County Superior Court Case No. CV2021-016013, and sign the attached engagement letter.

Recommendation

Suggested Motion

Approval to retain the law firm of Sims Mackin, Ltd. to represent Gila County in Rivers Edge, Payson LLC v. Gila County, Maricopa County Superior Court Case No. CV2021-016013, and sign the firm's engagement letter.

Attachments
Gila County Engagement Letter (River Edge Payson)-Revised