Duchesne may face $75,000 fee over lawsuit

DUCHESNE — A decision by Duchesne City officials to "ride out" a lawsuit filed against them by a religious group alleging freedom of speech violations could turn out to be an expensive ride.

U.S. District Judge Dee Benson last week ruled that Duchesne City Council had violated the First Amendment rights of Summum by refusing to allow them to place their religious monument in Roy Park.

The judge ordered the city to pay Summum's $20 in token damages and also ordered the city to pay attorney fees for Summum's legal counsel. That's where things may get costly for Duchesne City.

Summum attorney Brian Barnard said right now attorney's fees are at about $75,000. He acknowledges that the judge will review the fees and has the right to cut the claim. Barnard said he will work with the city regarding a compro- mise.

"Normally what happens is we start talking to Duchesne City and say, 'Your potential exposure is $75,000. Are you willing to talk about a settlement?' " Barnard said.

Duchesne's attorneys work- ed pro-bono. Attorneys Edward White from the Thomas More Law Center in Ann Arbor, Michigan, and Frank Manion with American Center for Law and Justice in New Hope, Kentucky, both represented the city — even flying in for court dates at their own expense.

According to White, Summum won the case on a "technicality" and there's a possibility the city may want to appeal his decision. White also said he doubts that Summum will get much in terms of attorney's fees from the city.

"The judge said at least twice that he was going to be very restrictive in the amount of fees he would award Summum. In light of the technical violation, fees would be a low amount," White said.

But Barnard said his fees continued to climb because of the length of time the out-of-state attorneys fought the suit.

"Duchense had the ability to resolve things quickly or they had the ability to fight," Barnard said.

It's unknown right now how much Duchesne will owe their city attorney Cindy Barton-Coombs, who also represented them in federal court at some of the hearings. Barton-Coombs would not return calls for comment.

City recorder Diane Miller said the city will be covered for attorney's fees. "Our insurance company is standing behind us," Miller said.