Group suing City of Graham hires new attorney

BRYSON – Council members have hired a co-counselor to represent the city in its lawsuit concerning water with the City of Graham.

Mayor Sheila Birdwell said during the July 15 regular meeting that present attorney Mark Zeppa is not in good health but said he would represent the group of Bryson, Graham East, Newcastle and Fort Belknap in the lawsuit until the completion of Phase 1. After that, he has asked the group of litigants to find another attorney. The bulk water customers are suing the City of Graham for overcharging.

The group has agreed to work with Geoffrey Kirshbaum with the Austin lawfirm of Terrill and Waldrop which has experience in lawsuits such as this which is scheduled to go before the Public Utility Commission July 26.  Kirshbaum is a water, environmental and natural resources attorney with the firm.

A retainer fee of $10,000, which will be split among the four entities. Birdwell said Public Works Director Clifford Smith will be the city’s representative at the hearing.

Council members gave Smith authority to determine a fair amount to pay, if warranted, if it was determined the $10,000 should be split another way. Birdwell said it was discussed to realign how much each entity pays depending on size.

To read the complete article, see the July 24 edition of the Herald-Gazette.