PRESCOTT - Maricopa County Superior Court Visiting Judge Christopher Whitten has dismissed the second part of a lawsuit that Friends of Williamson Valley filed July 13, 2007, against Yavapai County and the Board of Supervisors over the widening of Williamson Valley Road.
In its lawsuit, Friends of Williamson Valley - now the WVCP Inc. - alleged that the county's action to widen Williamson Valley Road to five lanes violates the County General Plan and a road ordinance.
On Jan. 25, Whitten split the single lawsuit into two separate cases - one deciding the allegation with regards to the General Plan and the second with regard to a procedure violation of the road ordinance.
On Feb. 20 he ruled against WVCP over the General Plan allegation.
"That plan specifically mentioned Williamson Valley Road with stated plans for 'monitoring traffic counts for possible widening when the level of service falls below an acceptable level...,'" Whitten wrote in his decision. "Finally, the very language of the Yavapai General Plan indicates that it was adopted with the intent that it guide, not limit, the Board of Supervisors."
Whitten dismissed the second part of the lawsuit April 29. That part alleged that the county violated a procedural requirement by moving forward with the widening project without the recommendation of the Public Works Department.
"Based upon the evidence submitted with Defendant's (Yavapai County) motion ... there is only one conclusion that a reasonable juror in this case could reach - that the defendants acted upon the recommendation of the County Engineer and Director of Public Works which was supported by reasons for the need to upgrade the subject (Williamson Valley) road," Whitten wrote.
"I think it is excellent news," District 1 Supervisor Carol Springer said Wednesday. "This finally disposes of what I have always considered a frivolous lawsuit wasting taxpayer money."
Springer estimates it cost the county more than $10,000 in attorney fees to defend itself against the lawsuit. The actual cost is much greater if they were to calculate employee time, she said.
Ken Mino, president of the WVCP, said the group is not going away.
"I have not met with the WVCP board yet, but I'm certain we will respond with an appeal," he said. "We decided when we inherited this lawsuit from the Friends of Williamson Valley that we are going to fight this."
Contact the reporter at bcolbert@prescottaz.com
Reader Comments
Posted: Saturday, May 10, 2008
Article comment by:
Pro Williamson Valley 5 Lanes
I am a WV resident of over 20 years. I support the 5 lanes and I hope they do it sooner rather than later. The widening is supported by a majority of WV residents. Traffic is terrible during commute drive times. The road surface is even worse. The lawsuit is dismissed... let it go. Stop wasting our (tax payer) money on this.
Posted: Friday, May 09, 2008
Article comment by:
Norbert586
I thank thats a wonderful idea . Put the new prison in out on Williamson Valley Road. Then give them the 5 lanes they the developers want.Its a terrific trade off.
Norbert
Posted: Friday, May 09, 2008
Article comment by:
Williamson Valley Resident
I would be in favor of 5 lanes if they lower the speed limit to 25 or 35 MPH. This IS a residential, equestrian, National Forest and State land recreation area why is the speed limit so high? Might as well make it 75 that would a great truck route, not to mention everyone that wants to pass though here to get to their million dollar home 40 miles out or go to Chino happier.
Posted: Thursday, May 08, 2008
Article comment by:
Aussy56
Say I have a wonderful idea! Put in 5 lanes and build the prison out there. Maybe even a commuter bus service to take the inmates families out there and a few cheap hotels to stay at .. I mean if you Good Ole Boys ( & Gals) want to develop, go for it in a big ways...IT IS SO MUCH MORE REWARDING :)
Disgusted
Posted: Thursday, May 08, 2008
Article comment by:
Tired of it all
So! can the county sue for moneys spent on this small group that only represents themselfs? Can they recoup our money on all this waste of time.
Posted: Thursday, May 08, 2008
Article comment by:
Prescott Native
The Board of Supervisors sold their souls to big business a long time ago. Ruining the heritage of Yavapai County and destroying Williamson Valley brings in big bucks and that is all that matters the BOS. California has lots of five lane highways, why shouldn't we?
Posted: Thursday, May 08, 2008
Article comment by:
Ripper
What I get is some of the Williamson Valley Residents don't want it widened. I didn't want the intersection at Williamson Valley and Iron Springs widened since I figue you can just go around on Pioneer Parkway but guess what-it got widened. Your wonderful solution of widening 89 is just another NIMBY ploy. I was going to buy out Williamson Valley 12 years ago-but the planning commission told me that it was platted to go 5 lanes in the future. Guess you could have asked since it has been on the planning board for long time. Stop wasting our money fighting this and get over yourself
Posted: Thursday, May 08, 2008
Article comment by:
Lisa
Got over it! We need to face it, Prescott is not just a small town anymore! I favor the 5 lanes. Have you ever driven that road when it is time for all the teens, who just learned to drive, are going to school? Or when they all come home? There is just too many cars in a small space.
Posted: Thursday, May 08, 2008
Article comment by:
CAT
I am a WVR resident and I DO support the widening to 5 lanes as proposed. Furthermore, it is my understanding that ADOT IS working towards widening and improving hwy 89, with the support and help of Yavapai County. Sounds to me like the County is doing things the right way, so let's stop wasting our own tax funds with roadblocks that do nothing but make the citizens of WVR look petty and spoiled.
Posted: Thursday, May 08, 2008
Article comment by:
Nuff Said
The editor has removed this comment because it violates the Terms of Use agreement for dCourier.com.
Posted: Thursday, May 08, 2008
Article comment by:
Williamson Valley Resident
If Williamson Valley ROAD has to change, go 3 lanes not 5! Widen HIGHWAY 89 for God’s sake! Why 89 is not getting widened and they keep adding those ridiculous round-a-bouts is beyond my comprehension. It’s the stupidest, dumbest, lamest, most idiotic situation I’ve ever had the displeasure to be forced to be a part of. The residents of Williamson Valley DO NOT WANT 5 LANES, get it?
Posted: Thursday, May 08, 2008
Article comment by:
Biz
Mr. Mino: you already faught it. And the law won. Do everyone a favor and drop it already. Maybe you take some degree of satisfaction in using up public monies in a lawsuit like this but people like myself find it very petty and wasteful, to put it mildly.
