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  Executive Session Item     7. A.    
Regular BOS Meeting
Meeting Date: 06/21/2022  
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
Gila County is defending ongoing litigation in Rivers Edge Payson LLC v. Gila County. Plaintiff has requested mediation. The Gila County Attorney requests that the Gila County Board of Supervisors vote to enter into an executive session to consider that request.
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. 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
Settlement negotiations have been ongoing but unsuccessful. Plaintiff has requested mediation to assist in the settlement process regarding Rivers Edge, Payson LLC v. Gila County, Maricopa County Superior Court Case No. CV2021-016013.
Conclusion
The Gila County Attorney recommends that the Gila County Board of Supervisors vote to go into executive session to consider mediation to assist in the settlement process of Rivers Edge, Payson LLC v. Gila County, Maricopa County Superior Court Case No. CV2021-016013.
Recommendation
The Gila County Attorney recommends that the Gila County Board of Supervisors vote to go into executive session to consider mediation to assist in the settlement process of Rivers Edge, Payson LLC v. Gila County, Maricopa County Superior Court Case No. CV2021-016013.
Suggested Motion
Information/Discussion/Action to vote to go into executive session under A.R.S. § 38-431.03 (A)(3) and (4) with the Board of Supervisors' attorney(s) for legal advice, discussion, or consultation regarding the request for mediation to assist in the settlement of Rivers Edge Payson LLC v. Gila County, Maricopa County Superior Court Case No. CV2021-016013. (Jefferson Dalton)

Attachments
No file(s) attached.

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