Elbert County commissioners hold executive session to get legal advice on possible stay of certain permit applications

The Elbert County Board of County Commissioners adjourned into an executive session July 2, 2025, to receive legal advice on the county’s options for imposing stays on certain categories of applications.

County Attorney Lance Ingalls said the discussion would be limited to legal advice and would not be recorded pursuant to the cited open-meetings exception, 24-6-402(4)(b). He told the board the matter arose from an earlier discussion on June 25 about whether the county should impose a stay on certain types of applications and that he had been asked to analyze the legal issues.

Ingalls also warned the commissioners that because the land-use hearing on the Xcel Energy applications was quasi-judicial — “you served as the judge of the applications” — commissioners should avoid giving media interviews while the 28‑day appeal period is pending. He said, “I don't recommend that you take media requests or interviews at this time.”

The board approved a motion to enter executive session by majority vote; the clerk recorded the voice vote as “All in favor. Aye. Aye. Aye. Motion carries.” The transcript excerpt includes the motion to adjourn to executive session and the announcement that no decisions were expected at that time: the attorney said the board would “just gonna talk about legal parameters.”

Nutgraf: The executive session was convened to allow commissioners to ask legal questions about using stays on future applications and to receive counsel on limits and procedures; no formal action or policy change was recorded in the provided excerpt.

Ending: The transcript does not include the substance of the closed-session discussion or any follow-up direction the board may give afterward. If the board decides to pursue a stay or other procedural change, any formal directive would be expected to appear in subsequent public minutes or agenda items.