4/18/1989 - Laserfiche WebLink

Home Browse Search

APR 1E 1989 boor 76 PACE 653 2. The County can answer and fight the lawsuit, with questionable prospects and mounting legal expenses. Should the County lose an action for an inverse condemnation, it will be liable for the prevailing party's attorney's fees. 3. The County can settle the lawsuit through acquisition of the property. Public Works Director Davis has indicated that the right-of-way reserved will ultimately be needed for the widening of 4th Street, and that the funding is available to acquire the property. Right -of -Way Acquisition Agent Don Finney and I have reviewed an appraisal of the property done by Armfield-Wagner which valued the Toss at $9,515.00. Through negotiations with Mr. Finney, the Bradys, and their attorney, we have arrived at what we feel is a fair purchase price of $8,500.00. However, the Bradys are also requesting attorney's fees in the amount of $3,871.50 and court costs in the amount of $86.50, an appraisal cost of $350.00 which brings the total settlement amount to $12,808.00. 4. The County is liable for court costs and appraisal costs if a taking is found. We would also be liable for reasonable attorney's fees. I do not feel that the attorney's fees requested are reasonable. For example, there is a 1.2 hour charge to review an Armfield letter and County Attorney's correspondence which amounted to a total of 3 pages. A settlement phone call that lasted 5-10 minutes is listed on time sheets as hour. The lawsuit is approximately 5 pages in length. I feel a reasonable fee for the work done in this case and the settlement negotiations may be $900.00 based on the time involved. When civil actions are settled before the answer, an appropriate attorney's fee may be 1/3 of the benefit to the client, which in this case would be $2,833.33. However, almost $4,000.00 in attorney's fees does not seem reasonable to me. A settlement of $8,500.00 for the property and damages incurred, plus $2,833.33 for attorney's fees, $86.50 for court costs, and $350.00 for the appraisal fee would be reasonable. RECOMMENDATION: 1) Offer to purchase the Brady property for $8,500.00, and $2,833.33 in attorney's fees, plus $350.00 for the appraisal, and $86.50 for costs, or 2) If this is not acceptable to the Bradys, offer to purchase the land and go to hearing to determine attorney's fees. Attorney Collins advised that the Attorney's Office has recommended that we not enforce the ordinance because they had questions about its Constitutionality. He noted they are recommending settlement of the suit, and the only issue he had difficulty with was the amount of attorney's fees which Mr. Petersen is asking. There were some charges he did not feel are reasonable, and he felt a reasonable fee should be about $1,000 less. We have the option of settling the suit but going to court on the attorney's fees. 64