HomeMy Public PortalAboutResolution 2024-02-06 Waive Attorney/Client Privelage between Fraser and Rod McGowan in Case NO. 2021CV30027TOWN OF FRASER
RESOLUTION NO. 2024-02-06
A RESOLUTION TO WAIVE THE ATTORNEY/CLIENT PRIVILEGE BETWEEN THE TOWN OF
FRASER AND ROD MCGOWAN AS TO TESTIMONY IN THE CASE OF CORNERSTONE
WINTER PARK HOLDINGS, LLC, ET AL. V. TOWN OF FRASER, ET AL., CASE NO.
2021 CV30027
WHEREAS, the Town of Fraser ("Fraser") is a Defendant in a lawsuit filed in Grand
County under Case No. 2021 CV30027 entitled Cornerstone Winter Park Holdings, LLC, et al. v.
Town of Fraser, et al. and which contains a counterclaim for the Town of Fraser against some of
the Plaintiffs and others:
AND WHEREAS, Rod McGowan was the previous Town Attorney for Fraser and
represented Fraser in various aspects of the factual background of and basis for the defenses
and counterclaims above captioned lawsuit:
AND WHEREAS, it is anticipated that Mr. McGowan will be testifying in the above
captioned lawsuit:
AND WHEREAS, Fraser does not wish to assert the attorney/client privilege as to
relevant testimony from Mr. McGowan in the above captioned lawsuit, favoring full disclosure of
the facts in the case:
AND WHEREAS, the Town of Fraser Trustees hold the attorney/client privilege and the
right to waive it pursuant to Colorado law:
BE IT HEREBY RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO THAT:
1. Fraser, through its Board of Trustees, hereby waives the attorney/client privilege as
to testimony by Mr. McGowan in the above captioned lawsuit to the extent there are
inquiries relevant to the issues in the above case. If there is a question or dispute as
to relevance, the Town agrees to allow Mr. McGowan to use his discretion or,
alternatively, the issues of relevance will be decided by the Court if that is an
available option.
READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF
TRUSTEES THIS 21st DAY OF FEBRUARY. 2024.
Votes in favor:
Votes opposed:
Abstained:
0
BOAR /RUSTEES F THE
T DO
BY:
- �YI�LJc i E(, 17(. ' ' -1
Mayor Pro-Tem
ATTEST:
Town Clerk