By Myrna Trauntvein
Times-News Correspondent
Mona Mayor, Bryce Lynn, thinks the city uses the city
attorney too often and that it is an expensive
proposition.
"We should not contact Phil Lowry, the attorney, on every
issue that comes up. We can handle a lot of the issues
ourselves."
In fact, said Lynn, he objected to Lowry being called the
"city" attorney. However, an annul retainer is paid to Lowry
for that purpose and, therefore, the point is moot under
terms of law.
The question arose when Everd Squire, treasurer, pointed
out that the attorney had been working for the city a great
deal in March and that there had been contacts between Rick
Schnurr and Lowry which the city had been charged for.
Schnurr told the council that 99 percent of the bill for
March was due to dealings with Dale Nelson who was objecting
to the city allowing construction of subdivisions which
would make property he owned landlocked because there would
be no outside access to a roadway.
For this reason, Nelson consulted his attorney and
considered filing a suit against the city.
Nelson had contacts with his attorney in this process and
that attorney contacted Lowry, the attorney of record for
the city since he is listed as the attorney on retainer by
Mona.
In turn, after being contacted by Nelson's attorney,
Lowry had questions about facts, mentioned in old minutes,
which Schnurr obtained, and, by so doing, saved the city
research fees.
"It is true that 99 percent of the bill from Howard,
Lewis and Peterson had to do with Dale Nelson," said
Schnurr. The $600 bill was caused by that situation, he
said.
Lynn said that he had noted that as well, that 99 percent
of the bill was for issues concerning Nelson. Nevertheless,
it was Lynn's opinion that the attorney should not have been
consulted and that the business could have been handled by
the council or by himself.
"We should have handled the issues with Mr. Nelson
ourselves and not got the attorney involved," said Lynn. "I
think we use him too much and that it is money down the
drain."
"You must realize, that this is Nelson's attorney
contacting our attorney, Phil Lowry, and not us contacting
Phil Lowry," said Schnurr.
That being the case, said Lynn, in his opinion the bill
should be sent back to Lowry and he should be told to
collect from Nelson.
How was it that Lowry was contacted on the issue in the
first place? asked Lynn. Lynn thought that the city should
have been allowed to handle the issue before the attorney
was brought onto the scene.
"He is not our city attorney," said Lynn.
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