|Jungo seeks to recoup attorney fees and cost of lawsuit|
|Written by Dee Holzel|
|Monday, December 26 2011 08:26|
WINNEMUCCA — Attorneys representing Jungo Land & Investments in the lawsuit against Humboldt County have filed the necessary documents to recoup costs and attorney fees associated with the suit.
Costs together with attorney fees totaled $610,953.67 according to documents filed in federal court.
The judge presiding over the case granted Jungo’s writ earlier this month that reversed the decision by the Humboldt County Commissioners to revoke Jungo’s conditional use permit extension, granted by the Regional Planning Commission in 2010 for the construction of a class 1 landfill on Jungo Rd.
In seeking court fees and attorney costs, Jungo’s counsel alleged actions taken by the Commissioners drove up the cost of the suit, to include: ignoring the advice of their attorneys on two separate occasions.
On the first occasion, the commissioners were warned by then Humboldt County DA Russell Smith that Robert Dolan and Massey Mayo did not have standing to appeal a decision of the RPC to the County Commission.
The federal court ruled the commissioners acted outside of their jurisdiction in hearing the appeal.
The commissioners also went against the advice of their legal counsel when they voted against settling the case in December 2010.
Jungo’s counsel also alleges the cost of the suit was driven up because Humboldt County “resisted discovery”; that is, that Jungo had to file extra motions to compel the county to turn over documents Jungo was entitled to.
Itemized, the attorney fees sought by Jungo are $571,057.
The cost of bringing the suit was $41,012.52 to include: $530 in clerk fees; $425 fees for summonses and subpoenas; $110 in witness fees ($40 Robert Dolan, $40 Phil Jacka, and $30 Tracy Austin), and $22,394 in miscellaneous fees (telephone, fax, FedEx, travel, mileage, research, photo copies, outside copies, and transcripts).