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September 30, 2009

Gore trustees to enter into mediation over attorney fees

By Donna Hales

Gore town trustees plan to authorize a trustee or trustees to join in mediation with the U.S. 10th Circuit Court of Appeals on Friday.

The mediation arises from a civil suit Jimmie C. Carter filed in 2005 involving the Americans With Disabilities Act over the Steve Owens Sports Complex. Carter alleged it was not handicap accessible in some respects.

The town made some adjustments, signed a settlement agreement, and a federal judge in Muskogee sanctioned the agreement.

After the settlement, Carter complained some vacant fields in the complex were being used by various groups at times and were not accessible to him, said Horace Lindley, town administrator.

Carter could not be reached for comment.

Carter reopened the case and a ruling by U.S. District Judge Frank Seay in July shows the town prevailed.

The town then argued that pursuant to the terms of the settlement agreement entered into by the parties, it is entitled to its attorney fees.

Carter argued the town was not entitled to attorney fees.

Seay ruled that the town of Gore was the prevailing party when the court determined it had fully complied with the terms of the settlement agreement.

Seay ruled the town was entitled to reasonable attorney fees. He found Carter had not contested the amount of those attorney fees — $8,339.70 — and found that amount is reasonable.

Carter appealed the ruling to the U.S. Tenth Circuit. A mediation session by phone is scheduled for Friday.



What’s next



Town Board of Trustees special meeting, 6 p.m. Friday, Gore Municipal Complex, 201 S. Main St.

Reach Donna Hales at 684-2923 or dhales @muskogeephoenix.com.

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