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Lincoln County approves mutual settlement in Newman case
Summary
The Lincoln County commissioners approved a mutual release and settlement resolving claims by David L. Newman and Barbara J. Benson against the county and the Lincoln Conservation District; the agreement includes payments and permit conditions and will be executed and filed to dismiss the case.
Lincoln County commissioners voted April 8 to approve a mutual release and settlement in the civil case brought by David L. Newman and Barbara J. Benson against Lincoln County and several other parties.
Under the written agreement the Lincoln Conservation District agreed to rescind a February 16, 2023 civil penalty requiring Dr. Newman to pay $4,000 and to pay Dr. Newman and Barbara Benson $5,000 within 30 days of execution. Lincoln County also agreed to pay Dr. Newman and Barbara Benson $5,000 within 30 days of full execution. The agreement includes a requirement that Newman and Benson file a 310 streambed protection permit application and subsequent flood-plain development permit application for work on the Pleasant Valley Fisher River, with the flood-plain administrator to consult the Montana Department of Natural Resources and Conservation (DNRC).
The settlement contains mutual releases of known and unknown claims, releases of insurers and risk-sharing pools named in the agreement, and provisions stating that the settlement is not an admission of liability. The agreement identifies case and cause numbers and sets procedural steps for filing dismissals and related paperwork.
Commissioners said the agreement was the result of mediation and attorney negotiations; the insurance process (MAICO) will handle payment of the county’s portion under the terms described in the document. The board voted to approve the mutual release and settlement and authorized signatures to finalize and file the documents.
Next steps: the county will sign the settlement and return the executed documents to the attorneys handling the case to proceed with dismissal filings and permit-processing steps described in the agreement.
