Talley files lawsuit against Green, city
By Jon Johnson, Assistant Editor
A lawsuit accusing Mayor Ron Green of interfering with former Mayor Van Talley's business expectations regarding the proposed Safford Commerce Park was filed in Superior Court on Friday.
Three new witnesses to Talley's claim, Safford postmaster Beverly Shupe, Heavy Owens and Jim Warren, were revealed in the complaint. The lawsuit states Green illegally attempted to influence the trio against the park.
The proposed development was to sit on 27 acres from the intersection of Highway 70 and 10th Avenue heading south toward the Gila River. Plans called for 325,000 square feet of commercial office space with an estimated value of $100 million.
Talley served as a consultant for Exeter Development, which initiated the project. He previously served Green and the city a notice of claim Feb. 22 for the amount of $3.3 million and a separate punitive claim against Green for $1 million.
The lawsuit alleges Green sabotaged the development over worries that it would drag tenants away from buildings he owns in Downtown Safford.
Green told the Courier he did not have any comment at this time.
Exeter Development Inc. President John Wilmot wrote a letter to Talley terminating contractual relationships with him Feb. 12. He wrote, "Due to circumstances beyond the control of either party, brought on by way of dispute by the mayor of Safford, Mr. Ron Green, wherein he has behaved in an adversarial and potentially criminal manner towards (sic) Exeter, its development project, Safford Commerce Park, and its associates, Exeter now finds itself in an untenable position to proceed with its development plans and must terminate its obligations under the terms of aforementioned agreements." Exeter filed its own notice of claim against the mayor and city April 3.
The lawsuit contends the mayor continued to publicly attack the development in paid advertisements in the Courier after he officially stated at the city's Jan. 28 council meeting that he had a conflict of interest with the development. The council unanimously agreed to accept the mayor's conflict at that time. Then City Attorney Johnny Guthrie stated at the same meeting that any person who knowingly violates the conflict of interest law is guilty of a class 6 felony and shall forfeit his/her public office or employment.
About three months after telling the mayor he believed he had a conflict, Guthrie reversed his opinion in a letter to the editor and said sworn statements from city employees did not reference conflict of interest issues, only hostile work environment issues. He then resigned at the following council meeting.
The lawsuit ends with Talley asking for judgement against Green and the city for general and special compensatory damages, costs incurred, and any further relief as the court deems just and proper. The suit includes the city because it said Green was acting in his official capacity as the Safford mayor. Talley also asks for judgement against Green for punitive damages, costs occurred and any further relief the court deems just and proper. |