Borough, FoHP reach understanding

MAT-SU -- The case is closed and bills are being paid in the lawsuit between the Mat-Su Borough and Friends of Hatcher Pass (FoHP), a local political-action group that sued the borough recently on allegations it had violated the Open Meetings Act and the Public Records Act.

Palmer Superior Court Judge Eric Smith found in favor of FoHP in August, but the matter of attorney fees and potential appeals was still relatively up in the air until recently.

At a status hearing Sept. 14, the two parties reached an agreement. Essentially, the borough agreed to pay the full compensation for reasonable attorney fees for Friends of Hatcher Pass, at a cost of $25,818. That's in addition to the borough fees, which borough manager John Duffy estimated ran approximately $25,000, bringing the total cost of the case at this point to just over $50,000.

Settlement was a matter that seemed to suit both parties in the case. If they had not, by the 14th, agreed to settle, Duffy said they may have been back before Smith over the settlement of the court fees.

Through the course of negotiations, Friends of Hatcher Pass dropped its request for Duffy's resignation -- a matter FoHP president Jim Turner said was suggested by their lawyer, Jerry Reichlin.

"Our attorney said that couldn't be made a part of the settlement," Turner said.

In the settlement agreement, FoHP agreed not to appeal Smith's decision, although the borough may still appeal. If the borough appeals the decision, FoHP may file a cross-appeal.

Both parties are confident the case is now sewn up, although both recognize it was a costly ordeal.

"We hope it's over," Turner said. "We both have a lot to lose."

Duffy said although it's good to see the end of this case, he would rather have seen the matter resolved without lawsuits.

"I think it's unfortunate that we've gotten to this point where litigation had to occur," Duffy said. "It seems to me that the Open Meetings Act was not the main issue."