Judge orders City to pay KAA legal fees for now
KINGMAN – The City has been ordered to pay “reasonable fees and costs” incurred by the Kingman Airport Authority related to the takeover of the Kingman Airport and Industrial Park.
Mohave County Superior Court Judge Steven Moss ruled Monday that the City of Kingman must pay attorney fees and other costs pending final judgment in the case, which has not been entered.
“While this matter has been extensively briefed, the City alleges there are additional factual or legal issues that are in need of resolution,” Moss wrote in denying the entry of final judgment.
“Either party is free to file an appropriate motion for summary judgment if they believe grounds exist for entering final judgment, short of trial.”
Moss set a resolution management and pretrial status conference for 11 a.m. Aug. 15 at Mohave County Superior Court, 2001 College Drive, Lake Havasu City.
Attorneys Daryl Williams for the City and Andrew Federhar for KAA were directed to meet before the court hearing to complete their discovery and depositions, and discuss all tangible evidence.
Williams filed a motion in June asking for KAA attorneys to remit the estimated $400,000 to $500,000 they received to represent the authority in the condemnation case.
“Jeffrey Goldberg and Andrew Federhar are recipients of funds they knew were set apart for particular purposes and that they were not authorized to receive, and therefore they must disgorge these funds,” Williams stated in his complaint.
Federhar did not want to speak on the record about the case, and Williams did not respond to email requests for comment.
A previous motion requesting that the complaint for attorney fees be transferred from Mohave County Superior Court Judge Charles Gurtler to Judge Moss was denied, primarily because several high-profile defendants named in the complaint are well-known to the judges.
To avoid the appearance of impropriety, the case had been assigned to Maricopa County Superior Court Judge Timothy Thomason. There are two separate lawsuits for a judgment on who pays the obligation.
The City of Kingman filed a condemnation notice in November to terminate the lease agreement with KAA and take back the airport and industrial park and all associated leases.
KAA attorneys filed an injunction in U.S. District Court in Phoenix, but the case was remanded back to Mohave County. Judge Moss in April ruled in favor of the City with an order granting immediate possession of the airport.