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Lincoln County commissioners approve settlement, county to pay $5,000 in Newman case
Summary
The board approved a mutual release and settlement in David L. Newman and Barbara J. Benson v. Lincoln County that requires both the Lincoln Conservation District and Lincoln County to pay $5,000 and sets conditions for 310 and floodplain permit applications.
The Lincoln County Board of County Commissioners on April 8 approved a mutual release and settlement to resolve civil claims brought by Dr. David L. Newman and Barbara J. Benson against the county and related parties. Commissioner Durham read the settlement terms aloud before the board voted to accept the agreement.
Under the settlement the Lincoln Conservation District (LCD) will request dismissal of its case in Justice Court and rescind its February 16, 2023 order requiring Dr. Newman to pay $4,000. LCD agreed to pay Dr. Newman and Barbara Benson $5,000 within 30 days of full execution; Lincoln County also agreed to pay the Newmans $5,000 within 30 days. The agreement requires Dr. Newman and Benson to file a 310 streambed protection permit application for planned work on the Pleasant Valley Fisher River and, if appropriate, a floodplain development permit with the county's floodplain administrator; neighbors' comments will be considered but are not determinative for permit issuance.
Commissioner Durham read the settlement's release language, including: "This mutual release shall include, but not be limited to all claims, controversies, cause of actions, suits, payments, fees, costs, damages, and liabilities..." The board discussed that the settlement resulted from mediation and insurance involvement (MAICO and insurers named in the agreement) and that MAICO will pay the claim under the county's risk-sharing arrangements.
County staff confirmed the signed agreement will be filed once executed and that the parties will follow the permit processes described in the document. The motion to approve the mutual release carried on the recorded voice vote with affirmative responses from the commissioners.
The agreement states its provisions are final, include releases of insurers referenced by name in the text, and do not constitute an admission of liability. The settlement also allows the Newmans to submit floodplain application materials before a decision on the 310 permit if they choose. Next steps are signature collection and filing to finalize dismissal of the related cases.
