AZ: Marijuana Lawsuit In Snowflake Continues

Katelyn Baker

Well-Known Member
Snowflake – Statecraft PLLC attorneys Kory Langhofer and Thomas Basile have filed a response in opposition to Coppertate Farms' motion requesting reimbursement of attorney's fees.

In an 18-page response, accompanied by Exhibits A, B, C, D and E, Statecraft's motion asks the court to deny Copperstate's motion to reimburse, calling the motion a procedural defect, is untimely and states that the motion is "another tool for intimidating and retaliating against the Snowflake residents who lawfully object to the installation of a massive marijuana farm in their community."

The Statecraft opposition revisits all of the violations which were dismissed by visiting Navajo County Superior Court Judge Donna Grimsley on Dec. 7, 2016, in favor of defendants' Copperstate Farms and the Town of Snowflake. The order stated that the plaintiffs lacked standing and that the relief they requested is not supported by Arizona law.

The amended complaint, like the original complaint filed July 18, 2016, was filed by Statecraft LLC and the only remaining plaintiffs in the suit, Daniel Prestwich and George Wilkinson. It also alleged violations of contract and open meeting law, and a minimum distance violation claim of Wilkinson's residential mobile home which is located in a re-zoned industrial area.

In the order of dismissal, Grimsley also ordered Copperstate to submit a proposed judgment to the court for its review, which they did on Dec. 16, and is still pending.

It was after the order of dismissal that Copperstate's attorneys filed a motion for attorney's fees against Statecraft PLLC and the remaining plaintiffs of the amended complaint. They were joined by the Town of Snowflake on Jan. 18 in the request for reimbursement of attorney's fees, and for a proposed form of judgment.

The final cost for the Town of Snowflake and Copperstate is unclear at this time. J. Fife Symington IV, managing partner of Copperstate, reported last month that their bill was in excess of $150,000. Snowflake Town Manager Brian Richards said the town's fees received thus far from Phoenix attorney Tim Casey were in excess of $50,000.

Richards had reported that Snowflake Town Attorney Robert Hall's fees relating to this lawsuit were believed to be around $7,000, but another bill was received in the amount of $18, 172, and Richards suspected most of that was also due to the lawsuit.

A hearing will be set in Superior Court regarding these motions.

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News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Marijuana Lawsuit In Snowflake Continues
Author: Barbara Bruce
Contact: 928-537-5721
Photo Credit: Copperstate Farms
Website: White Mountain Independent
 
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