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Granite County offers $50,000 to settle attorney-fees dispute in Rising Sun case
Summary
Commissioners approved a $50,000 offer from PILT funds to address attorney fees and costs in ongoing litigation with the Rising Sun subdivision developer, avoiding an Oct. 16 hearing on fees unless the offer is rejected.
Granite County commissioners voted Sept. 16 to offer $50,000 from Payment In Lieu of Taxes (PILT) funds to resolve a dispute over attorney fees and costs in litigation with the developer of the Rising Sun subdivision at Georgetown Lake.
County counsel summarized the case history: the developer agreed in a subdivision-improvement agreement to install a year-round storage or suppression pond, but the county contended the pond froze and did not provide year-round water. The county prevailed initially on summary judgment, but the Montana Supreme Court reversed parts of that decision and remanded questions including whether notice requirements had been met; attorney-fees issues remained.
According to the county's summary, trial evidence showed the pond and hydrant had frozen and that the county's engineer and witnesses had testified on the costs of remediation. With a hearing scheduled for Oct. 16 to determine attorney's fees if no agreement is reached, commissioners voted to offer $50,000 to settle the attorney-fees claim; one commissioner noted the developer has sought approximately $73,000 in fees.
A motion to offer $50,000 from PILT funds passed on a voice vote. The board directed staff to pass the offer to the developer's representatives and stated it would proceed to the scheduled hearing only if the parties failed to reach agreement.
The city-county staff and counsel framed the offer as a compromise to avoid further court costs and delay while preserving the county's legal position on the underlying contract issues.
