Pagosa Springs agrees to pay $35,063 in attorney fees after losing Sunshine Law suit

The Pagosa Springs Sun: The Pagosa Springs Town Council agreed at its meeting last Thursday, Oct. 20, to pay fees and costs of $35,063.50 to attorney Matt Roane, who represented the plaintiff in a suit against the town under the Colorado Sunshine Law.

The agreement came in the approval by council’s vote of 4-1 of a “Full and Final Release and Settlement Agreement,” to be filed in the lawsuit brought by plaintiff William Hudson against Town Clerk April Hessman, custodian of the town’s records. Councilor Tracy Bunning, acting as mayor pro tem for the meeting, voted to reject the settlement. Mayor Don Volger was absent.

The suit was filed in the aftermath of an executive session held by council on Sept. 17, 2015, and challenged the legality of its action in allowing a “contract adversary” to join it in the private meeting. Private meetings by elected public bodies are restricted by the Colorado Open Meetings Law (also known as the Sunshine Law) to narrowly limited purposes.

Principals of the Springs Partners LLC were the persons referred to in the suit as contract adversaries.

According to the agenda for council’s Sept. 17, 2015, meeting, the executive session was held in connection with “Determining Positions Relative to Matters that may be Subject to Negotiations, Developing Strategy for Negotiations, and Instructing Negotiators,” regarding possible “Revision to Springs Partners 10-Year Vested Right Agreement.”

The 2012 Vested Rights Agreement outlines conditions for the Springs Partners to develop a tract of land they own downtown, south of the San Juan River. It also contains provisions that could lead to the construction of a new bridge at 5th Street that would provide access to the development and an alternative connection between Hot Springs Boulevard and U.S. 160.

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