The request is at the mercy of District Judge Doug Harkin.
The commissioners' action comes after Harkin penalized Missoula County on Aug. 23 for failing to respond to a lawsuit filed against them in 2006 by Karin and Steve Stolp of Swan Valley. In essence, Harkin's ruling overturned the commissioners' denial of the subdivision.
At a meeting Wednesday, the commissioners unanimously agreed with County Attorney Fred Van Valkenburg, who asserts that expert testimony suggests this subdivision sits in the middle of a grizzly bear corridor. Therefore, the judge should deny the subdivision and the county will prepare for trial, they said.
If the judge accepts that recommendation, Missoula County has agreed to pay damages and the interest that's accrued in the case. Missoula County has already paid the Stolps' $4,525 for their attorney fees.
The move could lead to significant financial impacts to county taxpayers.
The Stolps' suggested damages are $2.1 million, which is slightly less than the net worth of the subdivision. The interest alone, based on that amount, would be hundreds of thousands of dollars.
Missoula County adamantly disputes the damages suggested by the plaintiffs.
On the other hand, should Harkin allow the subdivision to go forward, the county requests the court impose conditions, as outlined by county planners in April 2006 before the subdivision was reviewed by the Missoula Consolidated Planning Board.
No matter how the judge rules, both sides have indicated the likelihood of an appeal in the case.
Steve Stolp attended the commissioners' meeting Wednesday with his attorney, Thomas Orr. Stolp scolded the commissioners, even though it was the county attorney's office that was negligent.
“I find it a flat insult,” he said of the county's response to a lawsuit that has been dragged out for more than a year with no resolution. “I think it's a crying shame wasting the county taxpayers' money.”
The commissioners fell short of offering an apology.
“I think we were all surprised to find this didn't get addressed,” Commissioner Jean Curtiss said.
Orr demanded to know how something like this could happen.
“I don't know,” Commissioner Bill Carey said, pointing out that hundreds of lawsuits are filed against Missoula County all the time. “It wasn't our fault he didn't represent us.”
“He” refers to Chief Civil County Attorney Mike Sehestedt, a veteran of the county's legal department. A letter the commissioners plan to send to Harkin next week places the blame solely on him.
At the meeting, Orr questioned the amount of supervision at the County Attorney's Office, but county Chief Administrative Officer Ann Mary Dussault cut him off before the discussion veered toward personnel matters.
Van Valkenburg promised Wednesday to pay closer attention to certain kinds of cases, such as ones that involve potential impacts to Missoula County.
He hopes to assign two attorneys to cases that pose a greater risk of liability, he said. Staffing is always a problem, but Van Valkenburg said he will use whatever resources are necessary to assure all cases are covered, or to ask for additional staff.
In addition, the county clerk and recorder each week will compile a list of all newly filed cases, both criminal and civil. The list will be sent to the county's risk manager for review, Dussault said.
The risk manager will use his best judgment on whether a case needs special or immediate attention, she said.
A court hearing on the Stolp lawsuit is scheduled for Oct. 23.
Reporter Chelsi Moy can be reached at 523-5260 or at chelsi.moy@missoulian.com.
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