Council members will discuss during tonight's meeting whether to pursue the litigation against I&W, Inc., with $250,000 in funding for additional legal assistance and expert witnesses in the case, or whether to terminate the suit.
I&W Inc. is associated with a 2008 brine well collapse in the Loco Hills area, east of Artesia, and some fear a similar collapse could occur at other brine well sites.
According to previous Current-Argus reports, I&W maintains the site, located near the South Y in Carlsbad, wasn't a major risk for collapse, and they had taken due diligence to prevent that from happening.
The company filed for bankruptcy and was sued by both the city and the state. It has since reopened as L&E Services, where Mayor Dale Janway works as a consultant.
Because of the conflict of interest, Janway said he'll recuse himself from today's discussion. "I just want to stay out of it," Janway said.
The case is one that has been ongoing for several years, said City Administrator Jon Tully.
"It's a complex problem," Tully said.
Janway will be joining the council in their discussion of other items on the agenda, however.
Also at today's meeting, scheduled for 6 p.m. at 101 N. Halagueno St., the council will vote on several major purchases, including the purchase of eight police patrol vehicles.