Property owner Paul Nelson has filed for reimbursement of his legal fees for a lawsuit he recently won against the Haines Borough, and assembly member George Campbell just wants to pay the $8,000-$9,000 in fees and be done with it.
A Superior Court judge recently ruled the borough violated its own code last year when it fined Nelson $600 for failing to meet a deadline for removing improperly-processed glass fill from his property. It ordered the borough to refund the money.
“We didn’t do the right thing. We didn’t follow code,” Campbell said. “So I think at this point, we should stand up and pay the attorney bills and be a lesson learned to adhere to our code in the future.”
Nelson also asked the assembly to step up and pay him without the process having to go through the court “as a gesture of goodwill.”
“Seeing as how the borough was wrong, I told you you were wrong, and your manager misled you, I think it would be an act of good faith to the public if the borough would cover my legal fees,” Nelson said.
Resident Mike Denker also urged the borough to pay the fees outside of court and “take a proactive stance” by reimbursing Nelson.
Campbell was the only assembly member to vote in favor of a motion to repay Nelson’s bills immediately. Interim manager Brad Ryan urged the assembly to hold off until the next meeting and give him the opportunity to provide the group with several recommendations.
Assembly member Margaret Friedenauer, who wasn’t on the assembly when the group voted to fine Nelson, said she has no objection to paying the fees but would prefer the process go through the proper channels.
“I think it’s kind of premature to say, ‘Just pay it.’ I mean, can we wait and see what the court filing says so that we can go through the process?” she asked.
Assembly member Mike Case didn’t shirk responsibility for the decision he made regarding Nelson’s fine that ended in the lawsuit.
“I know we got – not pressured – but informed by the former manager and our attorney. But I think the fault lies with us, with everybody except Mr. Campbell, who had the good sense to vote against that,” Case said. “I feel stupid for having voted for it myself.”
If the borough pays the $8,000-$9,000 in Nelson’s attorney fees, the borough’s costs on the lawsuit would reach about $12,000.