HomeMy WebLinkAbout11 14 1989 Attorney Reviews Lawsuit DefenseTuesday, November 14, 1999, Vero Beach, Fla., Press -Journal 5A
Attorney Reviews Lawsuit Defense
Changes Possible For Airport Referendum Response
By PATRICIA DiLALLA
Sebastian Bureau Chief
Sebastian council members may
have to again alter their strategy
in defending a lawsuit on the air-
port referendum after a review by
the city's airport attorney, Eliot
Cutler.
Cutler, brought in at the request
of two council members, was asked
to review court documents prey
pared by Nick Tsamoutales, the
attorney handling the city`s de-
fense of a lawsuit Burt Snell filed
to force the city to adopt an ordi-
nance to implement the refer-
endum.
City Manager Robb McClary
Monday refused to release a copy
of Cutler's written comments,
citing an exemption to the state
public records
However, McClary said, as a
result of Cutler's comments, there
is a "good likelihood that sometime
this week, (Tsamoutales) will be
amending the pleadings."
While Cutler's comments may
not sway Tsamoutales, they may
influence the opinions of some of
the councilmen, McClary said.
Vice Mayor Robert McCarthy
and Councilman Robert illcCollum
.,aid they opposed asking the court
to rule on the legality of the airport
referendum.
"I didn't agree with what Nick
Tsamoutales has done," McCarthy
said. "Eliot Cutler's not happy
with it. I have spot en directly with
Eliot, and he didn't think it should
have been in there."
McCarthy and McCollum said
Tsamoutales should not - have
raised the issue of legality at all.
"In my opinion, it is something
for the other side to address,"
McCollum said.
When Tsamoutales was hired in
October to represent the City
Council in the lawsuit, he met indi-
vidually with councilmen to avoid
having to discuss it at a public
meeting.
As a result of those meetings, he
submitted documents to the court
raising technical questions about
Snell's lawsuit, asking the court to
dismiss the suit and requesting a
declaratory judgment on the legal-
ity of the referendum.
"(Tsamoutales) certainly did not
intentionally represent anything
but the will of the majority of the
City Council," McClary said.
City's Legal Bills
Total $10,214
By Press-Joumal Staff
Since Burt Snell brought his
lawsuit against Sebastian In an
effort to force the city to adopt an
ordinance Implementing the air-
port referendum, the city has re-
ceived legal bills totaling $10,214
from three attorneys.
Nick Tsamoutales, who Is rep-
resenting the city In the lawsuit,
has billed $7,905.99 for 89AS
hours of work from Sept 28 to
Nov. 2, plus S302.74 in expenses.
City Attorney Charles Nash, who
originally handled the lawsuit, has
billed $1,612.50 for the period
June 15 to Oct 18.
Airport attorney Eliot Cutler has
charged $687.50 for 2.5 hours of
telephone consultation on Oct 19
and Oct 23 and $8.01 In
expenses.
Tsamoutales could not be
reached for comment.
McCarthy and McCollum said
they told Tsamoutales they be-
lieved the referendum was legal.
Mayor Richard Votapka and
Councilman Frank Oberbeck said
they expressed their reservations
about the legality.
Councilman Lloyd Rondeau said
he doesn't remember the gist of his
conversation with Tsamoutales.
In the meantime, Charles
Stachel, vice president of the Citi-
zens Airport Watch, says the groun
stands by the airport referendum,
which it was instrumental in get-
ting approved.
"You don't come up with a refer-
endum you expect will be illegal,"
Stachel said. "There has been
nothing since that time that has
shown the CAW that the refer-
endum is illegal., Our stand is
unchanged."
The CAW is willing to go along
with the standstill agreement with
the Federal Aviation Adminis-
tration, Stachel said.
"Unfortunately, it is a precedent -
setting thing for the country. It
would be wise to find another route
to go because of the expense," he
said.