Florence Copper’s Parent Company Will Attempt To Recover Legal Fees
Florence Copper released additional points to follow up the January 15, 2019, article from the Florence Reminder & Blade Tribune. That article can be found here:
Florence copper offered additional points regarding their ability to reclaim legal costs:
- Under Arizona law, in cases where a government entity litigates a private party and loses, they must pay the legal fees and other costs of the successful party in the action.
- The award of fees and costs is mandatory under Arizona law and ultimately it will be up to the judge to determine the final amount.
- The potential of having to pay costs to the successful party is a known risk of litigation. The Town of Florence would have known these risks yet, despite having a very weak case, proceeded with litigation regardless.
- We wanted you to have these facts because we want to make sure there is no misunderstanding about why the Town is required to pay these costs. The Town created this situation for themselves.
- It is the Town, as the initiator of the litigation, that has now generated their legal obligation to pay costs to Florence Copper.
In August Florence Copper responded to the Florence City Council:
“The Florence Town Council took the unusual step of issuing a news release in an attempt to justify the spending of “$311,000 each year since 2013” in legal fees and costs to oppose the Florence Copper Project, a now fully permitted copper production test facility that has created up to 80 jobs and invested $28 million in the region so far.”
This isn’t the first time that the town of Florence may be on the hook to repay legal costs to Florence copper. Again, from the August statement, Florence Copper states:
“The Town of Florence has spent at least $1.6 million on trial lawyers to discourage an environmentally sound project that will bring millions in taxes and revenues to the area.”
“None of the current litigation was initiated by Florence Copper. To date, the Town Council has initiated six separate lawsuits against Florence Copper. The Council also sought to condemn the company’s administrative offices and adopt an ordinance banning the storage of sulfuric acid by Florence Copper, all the while exempting local farmers and businesses that do the same thing. The Town was quickly forced to repeal both actions and pay Florence Copper $100,000 for the unnecessary costs it incurred.”
To read the full statement from the August article go online: