WESTMINSTER : City Cannot Recover Cost of Fighting Suit

The city cannot recover the $4,000 cost of fighting a lawsuit earlier this year that challenged the extension of Lyn Gillespie’s City Council term, a Superior Court judge has ruled.

Although Westminster won the court fight, the judge ruled that recovery of the fees “would have a chilling effect on future people having lawsuits,” City Atty. Richard Jones said.

The suit was filed in March by Margie Rice, who lost to Gillespie in their race for a council seat in 1988, City Clerk Mary Lou Morey said.

In that election, the two candidates who received the most votes won four-year seats. The third-highest vote-getter--Gillespie--won a two-year term.

Rice was the fourth-highest vote-getter.

The purpose of the one-time difference in terms was to even out the number of council seats open each election to two. The current system elected three during one election and one the next.

However, the council later voted to make Gillespie’s term four years. Her two-year term would have expired this month, Morey said.

Rice filed a lawsuit to reverse the council’s decision but dropped it three months later before it ever reached a hearing. Jones called the suit “frivolous” but said the city would not seek to recover the fees on appeal.

“It’s unfortunate when you spend money and can’t recover it,” he added.

A proposed ordinance on the ballot today specifies a seat in the 1992 election as a two-year post.