WESTMINSTER : 2 Who Sued City May Have to Pay Tab

Two residents who sued the city earlier this year are faced with the possibility of having to pay the city’s legal fees, even though the lawsuit was dropped.

Former City Council candidate Margie L. Rice and resident Grace Epperson filed a lawsuit in January after the City Council passed an ordinance that extended Councilwoman Lyn Gillespie’s term in office from two to four years.

The city wants Rice and Epperson to pay the $4,000 that officials say it cost to have City Atty. Richard Jones prepare the case that was dropped when Kenneth E. Mick, attorney for Rice and Epperson, failed to file the necessary documents before a hearing on Feb. 9.

Mick said he didn’t proceed because he didn’t think his clients could win.

“When I took the case, I thought the taxpayer suit would probably prevail,” Mick said. “But I later learned that an ordinance must be overturned by a referendum of the people within 30 days after it is passed. Believing that the court wouldn’t reverse the ordinance, we dismissed the case.”

Jones said he spent close to 40 hours preparing for the case, adding that asking for legal fees in this type of situation is common. But Rice and Mick said they doubted that Jones spent that much time on the case and called the attempt to get legal fees a “personal vendetta.”

“I think the time estimate is padded,” Mick said. “If it took in excess of 20 hours, something’s wrong. I can’t see anything over four to five hours. This is just one or two members of the City Council being vindictive.”

The council extended Gillespie’s term after she questioned the legality of her shorter term that was designed to even out the number of council seats open during each election.

Although the lawsuit was dropped and may end up costing her money, Rice, a member of the Westminster School District Board, said she has no regrets.

“I still believe that the council did not have the right to give (Gillespie) two more years without a vote of the people,” Rice declared. “I still stand by the principle of the lawsuit, and if I have to pay for it, then I have to pay for it.”

The city’s request for legal fees will be considered by Superior Court Judge Eileen C. Moore at a hearing on July 17.