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Falls City, EDGE, Ordered to Pay Attorney Fees in Lawsuit

By Matthew Leaf

03/15/2013

(KTNC) - The City of Falls City and Falls City Economic Development and Growth Enterprise have been ordered to pay more than $17,000 in attorneys’ fees and costs to David Leon Frederick, who has filed suit relating to the Consolidated Grain and Barge project.
In a March 6th ruling, Richardson County District Court Judge Daniel Bryan ordered Falls City and EDGE to pay Frederick $17,109 for attorneys’ fees and costs.
Judge Bryan also granted a stay of the order, but required the city and EDGE to post a 10-thousand dollar bond for any stay pending appeal.
Frederick filed a lawsuit seeking documents relating to the Consolidated Grain and Barge project. CGB is building a facility on the south edge of Falls City.
EDGE argued that records in its possession were not subject to public disclosure, but Judge Bryan rejected that argument in December. He ruled that the documents, with a few exceptions, were in fact public documents. EDGE is appealing the December ruling.
The December ruling allowed EDGE to recoup costs from Frederick related to copying documents. Judge Bryan denied a motion by EDGE to have Frederick pay those costs, as he noted EDGE has yet to produce the documents.

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