|
Back to Calendar
Return
|
| |
Executive Session Item 8. A.
|
| Regular BOS Meeting |
|
|
|
| Information |
| Request/Subject |
| Gila County is defending ongoing litigation in Rivers Edge Payson LLC v. Gila County. Gila County participated in mediation for the purpose of exploring settlement on June 22, 2022, and settlement efforts continued afterwards. The Gila County Attorney requests that the Gila County Board of Supervisors vote to go into an executive session to consider a proposed settlement. |
| Background Information |
There are two cases which are involved in the proposed settlement: The Easement Dispute between Rivers Edge Payson LLC ("Plaintiff") and Gila County, and a related Boundary Dispute.
Easement Dispute: On February 16, 2018, Plaintiff filed a complaint for declaratory and injunctive relief in the Gila County Superior Court, Case No. CV201800044. On October 27, 1988, Fred and Margaret Eldean granted an express easement over their property in favor of Gila County. Plaintiff is the successor in title to the Eldeans and disputes the validity of that document. Plaintiff voluntarily dismissed the complaint but then refiled it in the Gila County Superior Court, Case No. CV202000114. Plaintiff then asked the court to change venue to Yavapai County. The Gila County Attorney opposed the change to Yavapai County and asked that venue be changed to Maricopa County. The Gila County Superior Court ordered venue changed to the Maricopa County Superior Court. The matter is now pending there as Case No. CV2021-016013.
The board has held executive sessions six times regarding the Easement Dispute under Arizona Revised Statute (A.R.S.) § 38-431.03(A)(3)-(4) to discuss the case, consult with its attorneys, consider its position, receive legal advice, and instruct its attorneys regarding the litigation or settlement thereof: (1) March 20, 2018; (2) June 5, 2018; (3) December 18, 2018; (4) September 21, 2021, (5) March 15, 2022, and (6) June 21, 2022.
On May 17, 2022, the Gila County Board of Supervisors approved the retention of Sims Mackin Ltd. to represent Gila County in this dispute.
Boundary Dispute: In a related case, Plaintiff claimed adverse possession against neighboring property owners Harry and Sherri Farrell. The Farrells brought a quiet-title action to resolve the dispute in the Gila County Superior Court, as Case No. CV202000298.
Gila County engaged in mediation with Plaintiff and the Farrells on June 22, 2022. No settlement was reached at that time. However, subsequent efforts to settle the disputes have resulted in a proposed settlement agreement which has been executed by Plaintiff and the Farrells. It is attached as Attachment 1 and titled "Settlement Agreement (partially executed)." |
| Evaluation |
| The Plaintiff and the Farrells have agreed to the settlement of the Easement case and the Boundary case as proposed in the Settlement Agreement (partially executed) and have executed it. The completed settlement of the cases requires the approval of the Gila County Board of Supervisors. An executive session is desirable to discuss this matter. |
| Conclusion |
The Gila County Attorney requests that the Gila County Board of Supervisors vote to go into executive session as follows:
Information/Discussion/Action to vote to go into executive session under A.R.S. § 38-431.03 (A)(3) and (4) for legal advice and discussion or consultation with the attorneys for the board regarding the board's position regarding pending litigation or in settlement discussions in order to resolve litigation in Rivers Edge Payson LLC v. Gila County, Maricopa County Superior Court Case No. CV2021-016013. (Jefferson Dalton) |
| Recommendation |
The Gila County Board of Supervisors vote to go into executive session as follows:
Information/Discussion/Action to vote to go into executive session under A.R.S. § 38-431.03 (A)(3) and (4) for legal advice and discussion or consultation with the attorneys for the board regarding the board's position regarding pending litigation or in settlement discussions in order to resolve litigation in Rivers Edge Payson LLC v. Gila County, Maricopa County Superior Court Case No. CV2021-016013. (Jefferson Dalton) |
| Suggested Motion |
| Information/Discussion/Action to vote to go into executive session under A.R.S. § 38-431.03 (A)(3) and (4) for legal advice and discussion or consultation with the attorneys for the board regarding the board's position regarding pending litigation or in settlement discussions in order to resolve litigation in Rivers Edge Payson LLC v. Gila County, Maricopa County Superior Court Case No. CV2021-016013. (Jefferson Dalton) |
|
|
|
|