Brian Richards, Snowflake Town Manager, announced during reports at the Tuesday, Feb. 21, council meeting that Judge Donna J. Grimsley, a visiting judge for Navajo County Superior Court granted the defendants’ motion for attorney’s fees and costs regarding the lawsuit filed against the town of Snowflake and Copperstate Farms, LLC.
The order states, “The Court further adopts defendants’ proposed form of judgment and directs defendants to submit a judgment for the Court’s signature in accordance with this order.”
“This validates that it was a frivolous lawsuit, people shouldn’t file those lawsuits against the town,” said Richards.
The original lawsuit was filed July 18, 2016, against the town of Snowflake and Copperstate Farms LLC by Lowry Flake, Maylene Flake, Daniel Prestwich, Aaron Prestwich and George Wilkerson; however, over time the Flakes, Aaron Prestwich and then Daniel Prestwich withdrew their names.
The lawsuit alleged open meeting violations and Wilkerson was alleging a code violation.
Grimsley dismissed the lawsuit on Dec. 7, 2016, stating the plaintiffs lacked standing in the allegations, and that because Wilkerson lived in industrial zoning and not a residential zone, making the claim that Copperstate Farms facility was too close to residential property unfounded.
Copperstate Farms attorneys filed their motion to dismiss on Jan. 5, and the town of Snowflake joined the motion on Jan. 18.
Richards said that it is not clear which of the defendants’ will be ordered to pay attorney’s fees and costs.
