CAMP VERDE - The first indication that a settlement in the Murdock Lane wood yard case may be possible emerged following a late night executive session of the Camp Verde Town Council on Wednesday.
But don't expect anything to happen right away.
In a statement issued at the request of Mayor Bob Burnside, Town Manager Mike Scannell stated that the council was prepared to issue a business license to California Hotwood for operation on all the parcels they currently operate on, if the judge determines that two lots still in dispute are determined to be legal non-conforming lots.
However, if the judge determines otherwise, the council will rescind the business license.
In a ruling made last month, Judge Michael Bluff granted a temporary injunction, effectively preventing the Town of Camp Verde from conducting a hearing into the legal use of one of the wood yard's five parcels, lot 69. The judge determined that a previous decision made by the Town, granting legal status, would stand
However, the ruling failed to address the other four lots, two of which, lots 67 and 68, the Town argues have never had a hearing to determine their legal status.
Bluff's ruling also failed to address at least one legal principle brought up by the plaintiffs, which if determined in the plaintiff's favor could effectively put an end to any future objections to the wood yard's legal status.
Following Bluff's ruling, the Zellner family's attorney, Robert Earle, filed three motions, one for a permanent injunction, one to rule on the legal principle Bluff didn't address in his ruling, and one to recover legal fees from the Town of Camp Verde. The Zellners operated the business for many years before selling it to California Hotwood.
Town Attorney Bill Sims says the Town is willing to concede the question over lot 69 and have the judge grant a permanent injunction.
"But," Sims said, "we are not willing to concede lots 67 and 68, and we are not willing to concede legal fees. We are willing to agree to everything else."
According to Sims, attempts to settle the case following the judge's ruling have not borne fruit, which is why the Town Council has chosen to await Bluff's decision on Earle's motions.
Sims says he will be filing responses to Earle's motions.
"I have no idea when Judge Bluff will make any further rulings," Sims said.
