The Snowflake Town Council held a special meeting Jan. 17 to receive legal advice on the Little Colorado River Water Adjudication, as well as on seeking attorney’s fees from the plaintiffs in a suit against the town related to granting a special use permit to Copperstate Farms. That suit has been dismissed.
The lawsuit was originally filed by Lowry and Maylene Flake, Daniel Prestwich, Aaron Prestwich and George Wilkerson, and alleged open meeting law violations regarding the special use permit issued to Copperstate Farms, LLC, giving approval for a medical marijuana grow facility. The plaintiffs are represented by Statecraft PLLC.
Wilkerson also filed because his home is in closer proximity of the facility than is required by law, but it is not located in residential zoning.
The Flakes and Aaron Prestwich removed their names from the lawsuit.
Navajo County Superior Court Visiting Judge Donna Grimsley heard the case, and on Nov. 30, the defendants’ motion to dismiss the case was heard. Timothy J. Casey of Schmitt Schneck Smyth Casey & Even, P.C. represented the defendant Town of Snowflake.
Judge Grimsley ruled, “Plaintiffs lack standing to raise the contract zoning and open meeting law claims because they have not pled or demonstrated an injury that is concrete and particularized or that affects them in an individualized way.”
She further ruled, “Plaintiff (Wilkerson) lacks standing on the minimum distance claim because he does not live in a residentially zoned location.”
She also stated that the plaintiffs’ request was not supported by Arizona law, and granted the defendants’ motion to dismiss.
Copperstate Farms filed a motion Jan. 5 requesting attorney’s fees.
Plaintiffs listed in the case are Daniel Prestwich and Wilkinson.
When the council returned to regular session, Mayor Lynn Johnson stated, “We did counsel staff to look at alternative options to the current water adjudication contract, and…to adjoin the motion to seek attorney fees from the lawsuit against the town, which the fees for the town are around $75,000 to date.”
Councilman Cory Johnson moved to proceed with joining legal action regarding the proposed form of judgment and attorney fee issue in Navajo County Superior Court. The motion passed unanimously, with Mayor Johnson, Vice Mayor Kerry Ballard, Councilwoman Allison Perkins, and Councilmen Byron Lewis, Johnson and Terril Kay voting in favor.
The motion to the court states in part, “The taxpayers and residents of the town should not bear the expense of plaintiffs’ and their attorneys’ conscious decision to file, and to continue to prosecute, claims that lacked substantial justification.”
