Court orders town to pay $1.7M to Florence Copper
FLORENCE — A judge has ordered the town of Florence to cover $1.7 million in legal fees Florence Copper paid to defend itself against the town’s claims that the company had lost its right to mine off Hunt Highway when the town passed new zoning restrictions.
Florence Copper won that long-running, heavily-litigated case on Jan. 2 when Maricopa County Superior Court Judge Roger E. Brodman ruled that the company was still entitled to the terms of its 2003 Development Agreement with the town. The judge ruled again on the company’s request for reimbursement of legal fees on Friday. He further awarded the company $32,365.55 in costs.
The development agreement itself specifies that a party who has to take legal action to enforce its rights under the contract is entitled to recover attorneys’ fees, the judge said in his decision. He added Florence Copper is entitled to fees under both the terms of the contract and state law.
The town paid an estimated $1.5 million to pursue the case and must now pay Florence Copper’s fees as well. “That’s $3.2 million and counting,” the company said in a letter to supporters. In April, another judge ordered the town to compensate the winning parties by a total of $283,000 in legal fees and other expenses related to the town’s unsuccessful challenge of Florence Copper’s temporary state permit.
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