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ARF- 7425

Executive Session Item 8. A.

Special BOS Meeting

Meeting Date:	07/19/2022
Submitted For:	Jefferson Dalton	Submitted By:	Athena Gooding, Legal Secretary, Lead
Department:	County Attorney

Information

Request/Subject

The Gila County Attorney requests that the Gila County Board of Supervisors vote to go into executive session under A.R.S. §38-431.03(A)(3) and (4) for discussion or consultation for legal advice with its attorney or attorneys and to consider its position and instruct its attorney or attorneys regarding its position regarding pending litigation or in settlement discussions in order to avoid litigation regarding HalperinJames, LLC v. Gila County, Gila County Superior Court Case No. CV2020-398. HalperinJames, LLC is the Plaintiff and the county, and Richard and Carolyn James are the Defendants in the lawsuit.

Background Information

Richard and Carolyn James own lot 50 in the Strawberry View Subdivision located at 4880 North Rim View Loop. They appealed to the Gila County Board of Adjustment for a variance to allow a shed thirteen inches from the property line with an adjacent lot, No. 48, when the Gila County Zoning Ordinance requires seven feet, and a water tank twelve inches from another property line, where the ordinance requires nine feet. The board granted the James's request.

The Plaintiff owns lots 48 and 49. And lot 48 is adjacent to the James's property. Plaintiff asserts that the James's constructed the shed and water tank without county approval and prior to seeking the variance in question. Plaintiff asserts that the board should not have granted the variance because the shed is a "woodshed" and is just thirteen inches from the Plaintiff's property line and is a fire hazard. Plaintiff asserts that other criteria set out in the Gila County Zoning Ordinance are not met, for example, no peculiar conditions exist that would deprive the James's property of privileges enjoyed by other property in the zoning district, and, by granting the variance, the board has granted the James's property special privileges that are inconsistent with the limitations upon other properties in the district, namely, the James's property can place structures in the setback areas while other properties in the district cannot do so.

The Plaintiff further asserts that lots 48, 49, and 50 are subject to deed restrictions which require a ten-foot setback for all side-yard setbacks.

The Plaintiff requested that the Gila County Board of Supervisors vacated the variance granted by the Gila County Board of Adjustment in this case.

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 HalperinJames, LLC v. Gila County, CV202000398, settlement negotiations. (Jeff Dalton)

Attachments
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