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City one for two in hall of justice

By NATHAN BRUTTELL
Today's News-Herald
Published Friday, March 19, 2010 10:26 PM MST

Lake Havasu City officials have a pair of legal issues to discuss next week.


City attorney representatives are hoping to obtain about $970,000 after a superior court judge granted partial summary judgment in the city’s favor on a 2004 sewer contract for the North Point Subdivision, in which several expected hookups were never paid.

And the City Council will be briefed on a recent Court of Appeals ruling overturning a wrongful termination case decision that was originally in favor of the city.

City Attorney Paul Lenkowsky is expected to speak to the City Council about the North Point case between the city and Fidence and Liance Development companies Tuesday during executive session at City Council chambers in the police facility. Lenkowsky said now that the court has ruled in favor of the city, the next step after a ruling is typically obtaining the sum associated with the ruling.

“In the city’s motion for partial summary judgment, $970,000 was requested,” Lenkowsky said. “Those are figures we were provided by from (the city’s) Finance Department. … I intend to consult with council with what will happen next in litigation and receive their input before moving further in the case.”

In August 2004, the Lake Havasu City Council entered into a wastewater agreement with the North Point Subdivision, despite opposition from some council members, according to News-Herald archives.

Under the agreement, the planned development was to provide about 1,000 single-family homes with sewer service in the Desert Hills area. Fidence Development and Liance Development also agreed to pay for the system’s entire infrastructure in the community — similar to the agreement the city made with The Refuge and Canterbury Estates in 2002 that included a required individual $2,000 hook-up fee per lot, according to archives.

Mohave County Superior Court Judge Charles Gurtler ruled in favor of the city that the contract did not call for payment “upon building permits being issued,” according to the court order.

“The defendants’ interpretation of the contract is inconsistent with the plain language of the contract and it is one that reasonable people could not agree with the conclusion advanced by the defendant,” Gurtler wrote in his order. “Defendents could have negotiated and documented an agreement that called for payment upon building permits being issued. This was simply not done.”

Fidence Development and Liance Development Manager Chris Read said he and his representation disagreed with Judge Charles Gurtler’s interpretation of the contract.

“(City representatives) were insistent we use the standard form (for the contract) and there were areas in it that were ambiguous,” Read said. “When we signed it, it was clear that we’d only be paying hook-up fees for platted (sold) lots. … My argument is those lots don’t actually exist right now and the agreement was ambiguous.”

Read said he is unsure where the case may go from here.

“We could fight it and take it further or work out something with the city. There are probably lots of options,” he said. “It’s not like I can make a decision overnight on what’s going to happen. Obviously I’m disappointed and kind of surprised because it is just an interesting point. We were under one impression and the new people in the city interpret it in a different way and the judge agreed with them.”

Lenkowsky and City Council are also scheduled during an executive session Tuesday to discuss a case between former city prosecutor Joan Uhl, in which the 9th Circuit Court of Appeals overturned a summary judgment in favor of the city.

Uhl was fired five years ago after she told former City Attorney Maureen George of allegations accusing former City Manager Bruce Williams of sexual harassment and also accusing former City Finance Director Mike Ashley of misappropriating city funds, according to News-Herald and court archives. Tielborg ruled in March 2008 that Uhl’s firing “did not meet the legal threshold for wrongful termination” and upheld the summary judgment because she “did not engage in protected free speech,” according to News-Herald archives.

The Court of Appeals reversed the decision in November and effectively reopened the case, based on “whether the free speech addresses a matter of public concern,” according to the November ruling.

The case is scheduled to be remanded to US District Court for trial April 1, following a mediation session between city representatives and Uhl’s representation on March 31, Uhl said.

You can contact the reporter at nbruttell@havasunews.com

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Comments (3 comment(s))

    Jabberwockies Uncle I told you so wrote on Aug 9, 2010 9:51 PM:

    " Which law-firm is representing Lake Havasu City - and how is it that City Attorney Lenkowski seems to get off the hook for most legal issues facing the City? I'm curious is all- Is it that he is too busy with other things, or is it that he isnt an experienced trial attorney? There needs to be some clarification here as the City is paying out a bunch of green for all this mess. "

    Jabberwockies Uncle I told you so wrote on Aug 8, 2010 7:25 PM:

    " My comment is not to suggest the City’s current Prosecutor isn’t doing a wonderful job, however, I would like to make reference to the unlawful termination of Joan Uhl’s employment as City Prosecutor, and how in this writers opinion- this marked a terrible day in our communities history. Prosecutor Uhl was a very passionate, accessible, and results orientated public servant with the positional responsibility of ensuring the credible execution of local criminal prosecutions regardless of outside influence, political or otherwise. Unfortunately for Joan, it would turn out the only two Managers in the City who outranked her, (previous City Attorney and Manager) wouldn’t share concurrence with her quest to ensure a credible government which would translate into real trouble when she decided to voice public concern after being made aware of, and pursued her concern behind how the City could provide substantial monetary funding, and facilitate the delivery of statutorily mandated victim services through an organization directed by a convicted offender with a documented history of positional malfeasance. Unfortunately for Joan – it would turn out this offender had already made several local political relationships in a community managed by some who acted on personal views instead of governmental ethics who maintained the opinion of: well even though he did all that over there, he’s done a good job since he’s come here so well pretend this is a non-issue and take the easy way out. As prosecutor however, it was Joan’s office that was responsible of making certain victims are provided the best possible treatment, and services necessary to aid in their recovery and trauma. So how under the oath of her office, could Joan justify the obvious conflict, and potential risk behind sending victims of crime for treatment to an organization spearheaded by a man known to some as: the suspect of their own victimization? Surely the City would realize this concern, and take steps to create a sustainable solution… Or would they? This and other issues Joan brought alive would ultimately act as the demise of her employment. Managed by some so impressed with themselves, there was a true downfall of what was most important. These agree with us- or you will be replaced with someone who will- philosophies behind these staggering events have come to be known as a sad day in the City’s history when those with power certainly acted to corrupt power absolutely. Posing other logical concerns, we would be wise to ponder on how if a Prosecutor could be treated this way, how are other City employees being treated? If an employee stands up for what’s right, and when supervisors subject employees to poor working conditions simply because they can- there is a true failure with sometimes irreversible consequences. "

    godivatessla wrote on Mar 19, 2010 11:30 PM:

    " Contact us for a free mortgage modification consultation http://bit.ly/aJC6NE "

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