Time, funds complicate Olsen lawsuit
By Abigail Geiger, The Western News, Libby, Mont. | |
McClatchy-Tribune Information Services |
City Attorney
Reintsma said the question about Olsen's residency is key to seeing how accountable elected officials are to the people of
"He's not impacted by the decisions he's making," Reintsma said. 'Why should he make decisions when he isn't affected by them?"
In the most recent development, Olsen's defense has filed a summary judgment todismiss the case against him. The city must respond by Friday.
The city filed the lawuit against Olsen just prior to the mayoral election, claiming that Olsen was not a resident of
Olsen claims that he lives at a rental property at
Olsen lost the mayoral election by 14 votes and then filed a counterclaim against the city.
The whole case became bifurcated, meaning there are two parts of it, because of the counter claim. Reintsma represents the city, which is the plaintiff in the original lawsuit, while attorney
Olsen said he believes there were bad intentions behind the city's decision to challenge his residency. He said council members isolate him and do not keep the public informed.
"If these people are so devoted to informing the public, why do they keep them in the dark?" Olsen said.
Reintsma said the original declaratory action filed against Olsen was not meant to make him pay, but rather to ask him to prove his residency. He said a declaratory action is an unusual type of lawsuit that is primarily about political issues.
"With this case, you go to the judge and say, 'We have a problem, and it's disrupting the way the city runs," Reintsma said. "It was not meant to be aggressive. Olsen's counterclaim is what was aggressive."
Olsen has claimed that the development of the case has racked up immense costs. Reintsma contested Olsen's claims that it has cost the city large sums of money to go through with the litigation. He said Olsen's claims of attorney's fees are quick to change and he doesn't know where Olsen gets the numbers.
Reintsma, as the city attorney, is paid his set rate as a public employee, and has filed about 15 additional hours at a rate of
Reintsma said the city's attorney fees for
Olsen said that the fees he owes to his attorney
"This issue needs to be decided by a court of law," Councilmember Robin Benson said. "It should not be decided on opinion or emotion. Deciding this is the court's job."
Mayor
Reintsma said the focal point is Olsen's questioned residency. He said it's up to the
"If he lives in
Both Reintsma and Olsen said they are confident in their sides of the case. The trial is set for
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