AI- 5854
.
Special / Exec Session Board of Supervisors Mtg-9:00am
- Meeting Date:
- 05/26/2021
- Title:
- Lawsuit filed by Willcox OC, LLC & Kim Bennett
- Submitted By:
- Susana Stark, County Attorney
- Department:
- County Attorney
Presentation:
No A/V Presentation
Recommendation:
Document Signatures:
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
NAME
of PRESENTER:
of PRESENTER:
Christine J. Roberts
TITLE
of PRESENTER:
of PRESENTER:
Chief Civil Deputy County Attorney
Mandated Function?:
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Information
Agenda Item Text:
Discussion and possible direction regarding the County’s response to the special action lawsuit filed by Plaintiff’s Willcox OC, LLC and Kim A. Bennett on May 13, 2021, Willcox OC, LLC, et al. v. Cochise County Board of Supervisors, et al., CV202100270.
Pursuant to A.R.S. § 38-431.03(A)(3) and (4), the Board may go into executive session for legal advice with the attorney of the public body and to consider its position and instruct its attorneys regarding the public body's position in pending litigation.
Pursuant to A.R.S. § 38-431.03(A)(3) and (4), the Board may go into executive session for legal advice with the attorney of the public body and to consider its position and instruct its attorneys regarding the public body's position in pending litigation.
Background:
On April 20, 2021, the Board denied Willcox OC, LLC’s Special Use Authorization (SUA) for an outdoor marijuana cultivation facility and upheld Apple Annie’s appeal of the Planning and Zoning Commission’s approval of the SUA. The Planning and Zoning Commission, on March 10, 2021, had previously approved the SUA.
Subsequently, Willcox OC, LLC and Kim A. Bennett (Plaintiffs) filed the instant special action lawsuit seeking to have the Court overturn and reverse the Board’s decision. The Cochise County Board of Supervisors was served with the special action lawsuit on May 19, 2021, and the response is due on June 8, 2021.
Subsequently, Willcox OC, LLC and Kim A. Bennett (Plaintiffs) filed the instant special action lawsuit seeking to have the Court overturn and reverse the Board’s decision. The Cochise County Board of Supervisors was served with the special action lawsuit on May 19, 2021, and the response is due on June 8, 2021.
Department's Next Steps (if approved):
Implement any direction provided by Board of Supervisors.
Impact of NOT Approving/Alternatives:
N/A
To BOS Staff: Document Disposition/Follow-Up:
N/A