Humboldt County announced officially Tuesday that it has settled all of the unresolved claims against Whitethorn-area businessman Robert McKee for alleged unfair competition law and public nuisance violations from un-permitted road improvements.
As previously reported in The Eureka Reporter, attorneys announced in court on April 25 that they had settled with the county in the costly Tooby Ranch legal battle that stretched back to 2002.
Attorneys for the county and McKee stated on April 25 that they could not to comment on the specifics of the settlement agreement until a joint news release between McKee’s attorneys and the county was issued.
But the joint news release issued late Tuesday afternoon, which was required to be issued no later than 21 days after the deal was signed, provided few additional details.
The county sued McKee in 2002, alleging that he violated California’s Williamson Act and Subdivision Map Act laws when he purchased a 13,340-acre ranch near Garberville in 2000 from the estate of Arthur Tooby and sold off parcels to 25 buyers.
Humboldt County Superior Court ruled in 2005 that McKee hadn’t violated the Williamson Act contract.
The county appealed the ruling on the grounds that the court “exceeded its subject matter jurisdiction” and the matter was taken up by the First District Court of Appeals in San Francisco and is awaiting a trial date.
While the appeal was pending with the appellate court, the county pushed forward with its nuisance claims phase of the trial.
Under the settlement agreement signed by Humboldt County Superior Court Judge Watson, who has overseen much of the case, the county dismissed those nuisance claims with prejudice, which means it cannot bring any action against the McKee on the same matter in the future.
However, the court retains jurisdiction in the matter in order to enforce the terms of the settlement agreement, which leaves open the door for the appeal.
According to the agreement filed with the court, after the Williamson Act appeal is decided, McKee and Buck Mountain Ranch will submit, and the county will process, permit applications for certain improvements on the Tooby Ranch.
“Within 60 days after final resolution of the appeal and all further appellate review, if any, McKee shall submit to the county complete grading permit application(s) with all information and documentation required by the applicable county standards for a complete application in effect on January 1, 2008...” the filing states.
The court filing also states the parties shall bear their own attorneys’ fees and costs relating to the nuisance claims.
While the total price tag for the county’s costs to litigate the Tooby case haven’t been released, documents obtained from the county by The Eureka Reporter show it spent at least $750,000 in legal fees to litigate the case as of January last year.
Although McKee must bear his own court fees under the agreement for the second phase of the court hearings, a prior motion by McKee’s attorneys’ sought to compel the county to pay $1.7 million in court costs he incurred as of last year that covered the earlier phases of the litigation and possibly some of the second phase.
Attorneys for McKee couldn’t confirm those numbers.
The status of that motion is unclear and it is uncertain whether Watson has ruled yet on the matter.
Although he is still waiting on the appellate court’s decision and Watson’s ruling on what McKee said previously he has spend more than $3 million in legal fees for his defense.
Comments are not allowed from anonymous visitors. To post comments, please register an account (or log in if you already have one). You must enter your name and contact information in the “Personal Information” section and check the “Request comment permission” box.
No comments have been posted yet.