4/18/1989 - Laserfiche WebLink

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Commissioner Bird commended Attorney Collins for scrutin- izing the fees and for his comments, but Commissioner Scurlock noted that we must pay even more if this goes to court. Attorney Russell Petersen came before the Board and commended Attorney Collins for trying to expedite this matter and settle the case. He advised that his clients have incentive to settle as Mr. Brady is dying of cancer. This is the only property they own, and he would like to remove the Brady's from this as quickly as possible. Attorney Petersen suggested that moving forward with the suit would expose the county to additional fees. He advised that he did turn a lot of the work over to a paralegal and his associate to try to get the fee down, and he does feel the $3,800 is already a compromise. Mr. Petersen spoke of his possible incentives to go to court, but stressed that he would like to settle this today. Chairman Wheeler asked if Attorney Peterson would agree to split the difference, and he answered yes. MOTION WAS MADE by Commissioner Scurlock, SECONDED. by Commissioner Eggert, to approve the staff recommen- dation to purchase the Brady property for $8,500 and split the difference in the attorney's fees, making it $2,833.33 plus $500 plus $86.50 for court costs and $350 for the appraisal fee, or a total of $3,769.83. Commissioner Bird commented that even based on Attorney Petersen's top fee of $120 an hour, a $3,800 fee would represent about 30 hours of legal work, and he wondered if it is reasonable to assume that many hours were spent. Attorney Peterson explained the situation where the grid for roads took part of the Brady's property and they could not use it and the problems they encountered in getting site plan approval. Commissioner Bird noted that he had no problem with the Brady's position, only with Attorney Petersen's fees. 65 APR 18 tlS8Y mor 76 tJ J'±