Lawyers representing the Haines Borough and property owner Paul Nelson have reached a settlement agreement to pay for about 50 percent, or $4,500, of Nelson’s legal fees in the lawsuit he recently won against the municipality.
The two parties decided to settle the question of reimbursement of legal fees outside of court, Nelson said.
“My attorney recommended I take this offer, because the standard for prevailing parties’ legal fees in a civil case is 20 percent of the total legal fees,” Nelson said. “I took my attorney’s advice and accepted the $4,500 offer. The borough’s offer is approximately 50 percent of my costs. I agree with my attorney that this is the best I can get from the borough.”
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.
The agreement to pay Nelson’s $4,500 in legal fees puts the total borough expense on Nelson’s lawsuit at about $8,000, including the borough’s own attorney fees.