Lawsuits against Washington County, RUSS suspended

RICHMOND (GTNS) ? David Rosen, spokesman for Residents for a Better Richmond, reported two lawsuits filed against Washington County and the Regional Utility Service Systems have been suspended.

In a press release, Rosen said while the RDR still believes in the merits of the lawsuits, the organization has asked attorney Frank Smith of Des Moines to mail a dismiss without prejudice for each lawsuit to the Washington County Clerk of Court. Citing coming changes in the Washington County Board of Supervisors, Rosen said the suits ?would be a waste of both taxpayers? money and our own resources.? The lawsuits, filed in November, both regard the proposed lagoon project that would create a sewer system in both Richmond and Rubio in response to the county being cited by the Iowa Department of Natural Resources for a sanitary violation.

?With the whole situation, the voters seem to have spoken clearly,? Rosen said. ?They have expressed interest in not having the lagoon.?

During the primary election June 5, Washington County supervisor incumbents Wes Rich, who is also the chairman of RUSS, and Adam Mangold, both of whom have expressed support for the project, lost to opponents who opposed the lagoon system.

The first suit filed was a class action suit by the RBR against RUSS challenging an easement refusal fee the RBR considers illegal. The second suit was filed by James TeBockhorst against Washington County and sought to void county action to condemn property owned by the Holy Trinity Catholic Church to be used to build the three-cell lagoon treatment system. Rosen confirmed TeBockhorst is a member of RBR and the suit was essentially filed by the RBR.

Rich said the suspension of the lawsuits would keep RUSS from having to use money provided by its member counties to pay legal expenses. He said even with the new supervisors, he is unsure the project can be stopped.

Washington County Attorney Larry Brock said he considered the suits to be without merit.