County counsel says recipient — not county — should answer Evergreen Bank demand after stop payment was cashed

County legal staff reviewed court filings and a January 27, 2026 demand letter from Evergreen Bank related to a stop‑payment on a county check and litigation that followed.

Counsel described the sequence: the board approved an economic‑development payment, staff issued a check and later, after new information, placed a stop payment (counsel said the stop payment was placed on December 8). Counsel said the recipient was emailed and notified that a stop payment had been issued before the recipient presented the check to a bank. The bank nonetheless made deposits that counsel characterized as falling into an exception under Regulation CC for large items, and Evergreen now seeks repayment from the county.

"The stop payment was placed on December 8th ... he then cashed the check according to the bank on December 10th after knowing that it had already been stopped," counsel summarized. Several commissioners said the county’s preliminary posture should be that the recipient — who, counsel said, proceeded to use the funds after being notified — bears liability and the bank should pursue the recipient.

The board instructed legal staff to respond to Evergreen this week and to explore whether any negotiation or facilitation between the bank and recipient is possible; commissioners also discussed whether assets (a vehicle) discussed by the bank are available as recovery options but were told reclaiming vehicles may not be feasible.

No final settlement was approved at the meeting; counsel will provide a response to the bank and follow up with commissioners about next steps.