HomeMy WebLinkAboutR85-55 representing assessor at Benchmark at Beaver Creek district court caset
3
Commissioner`/ __ moved adoption
of the following Resolution
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE: STATE OF COLORADO
RESOLUTION NO. 85-6
REPRESENTATION OF THE EAGLE COUNTY ASSESSOR - --
BENCHMARK AT BEAVER CREEK, et al. vs. BOARD OF
ASSESSMENT APPEALS OF THE STATE OF COLORADO, et
al. -- EAGLE COUNTY DISTRICT COURT CIVIL ACTION
NO. 85CV476
WHEREAS; Ella Bindley, Eagle County Assessor,
hereinafter referred to as the "Assessor ", has been named as a
Defendant in the above - referenced complaint for judicial review
of the decision of the Board of Assessment Appeals regarding
Plaintiffs' petition for abatement or refund of taxes; and
WHEREAS, pursuant to Section 20 -1 -105, C.R.S., the
District Attorney, upon a request in the form of a resolution by
the board of county commissioners of any county within his
district, shall represent any county officer enumerated in
Article 10 of Title 30, C.R.S., or the employees of any such
officer, in the defense of any civil suit or civil proceeding
brought against such officer in any court of this state or
federal court if such action directly relates to the duties of
the county officer; and
WHEREAS, the Board of County Commissioners of the
County of Eagle, State of Colorado, hereinafter referred to as
the "Board ", is also named as a Defendant in the above-
referenced lawsuit, necessitating its representation by the
Eagle County Attorney's office; and
WHEREAS, during that portion of the abatement or
refund proceedings relating to review of Plaintiffs' petition
for abatement or refund by Eagle County officials, the Board and
the Assessor advanced opposing positions as to said petition
resulting in a conflict of interests which renders it impossible
for the Eagle County Attorney's office to represent both County
defendants to the subject lawsuit; and
WHEREAS, in light of the conflict of interests arising
from the diverse legal positions taken by the Board and the
Assessor,. the Board deems it appropriate that the District
Attorney for the Fifth Judicial District (hereinafter the
"District Attorney ") assume the legal representation of the
Assessor pursuant to the provisions of Section 20 -1 -105, C.R.S.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the Board has determined that the Eagle County
Attorney's office cannot adequately represent Ella Bindley,
Eagle County Assessor, in the above - referenced lawsuit by reason
of a conflict between the respective positions taken by the
Assessor and the Board with respect to the lawsuit.
THAT; pursuant to Section 20 -1 -105, C.R.S., the Board
hereby requests the District Attorney for the Fifth Judicial
District to represent the Eagle County Assessor named as a
defendant in the subject lawsuit.
THAT, a copy of this Resolution shall forthwith be
transmitted to the District Attorney and the Eagle County
Assessor.
MOVED, READ AND ADOPTED by the Board of County
Commissioners of the County of Eagle, State of Colorado, at its
regular meeting held on a ,I} day of <�� ���
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
ATTEST: BOARD OF UNTY COMMISSIONERS
By
Clerk to the Boar o By DaviB t airman
County Ck- mmissioners /
u1 Q
Don ld fi. Welch, Commissioner
--2-
T
f
Commissioner g Os +rtes -04 seconded adoption
of the foregoing resolution. The roll having been called, the
vote was as follows:
Commissioner David E. Mott
Commissioner Richard L. Gustafson gyp
Commissioner Donald H. Welch TI /e
This Resolution passed by 210 vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
-3-
