County hires Idaho attorney to mediate Forest Service dispute

The panel ordered the mediation last month after hearing an appeal of U.S. District Judge Edward C. Reed's summary dismissal of a case in Reno's federal court.

The case involved the federal agency's denial of Ruby Valley ranchers' access to ditches on forest service land. The ranchers wanted to clean out the ditches, which convey water to their ranches from springs on public lands managed by the forest service. The forest service said the ranchers had to obtain permits to bring in mechanized vehicles to perform the work and the ranchers to sought the county's help.

The county joined the ranchers in filing suit, but was dismissed from the suit by Reed for lack of standing before the judge dismissed the entire case.

Elko County District Attorney Gary Woodbury took over from Elko attorney John Marvel after more than $350,000 had been spent on the case. Woodbury agreed to handle the case as a private attorney at no cost to the ranchers. With Woodbury's consent, the county hired Pollot for $50,000 to handle the appeal after Judge Reed's dismissals.

Before Wednesday's commission vote, Woodbury objected to the commission paying Pollot any more money, arguing the earlier $50,000 contract already covers the mediation program.

Commission Chairman Tony Lesperance said the appellate court's decision ended the appeal process and moved the case in a different direction.

"The mediation program is described by the court as experimental," he said. "This was not anticipated by anybody, not by Mr. Pollot, not by this board and certainly not by the U.S. Department of Justice and the forest service, which is putting forth a massive effort." he said.

Lesperance said the case will be settled in the mediation program since that's what the court ordered.

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