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Residency issue in Libby finally settled

Phil Johnson | Hagadone News Network | UPDATED 10 years, 1 month AGO
by Phil Johnson
| November 25, 2014 7:59 PM

After years of squabbling, one mayoral election decided by a handful of votes and the expenditure of tens of thousands of dollars on legal fees, Libby City Council member Allen Olsen’s residency is settled.

The city of Libby has agreed to pay most of Olsen’s defense fees after both sides met with a mediator. Olsen settled to receive $49,500 of what he said is a $67,000 bill.

Libby Clerk Glena Hook said the settlement will cost the city an insurance deductible of $750. The insurer, Montana Municipal Interlocal Agency, will be responsible for the rest of the settlement payment.

While Olsen is still sore about losing Libby’s race for mayor by 14 votes, he said he felt happy and relieved with the settlement.

Considering a clause in the agreement that requires all parties to “speak totally in favor” of the settlement, it was no surprise to hear Libby Mayor Doug Roll say he too was happy to have the matter behind him.

“There will be no appeal. This case is completed,” Roll said, adding that the agency would not have backed the city had it appealed District Judge James Wheelis’ ruling that dismissed the city’s lawsuit against Olsen. The potential for a major bill for the city was too great a risk for future legal wrangling, Roll said.

“You never win in a courtroom, lawyers win,” Roll said.

The battle over Olsen’s residency brewed for years. A council member since November 2011, Olsen faced his stiffest challenge when Libby City Attorney James Reintsma filed a lawsuit challenging Olsen’s residency less than two weeks before the Nov. 5, 2013, election. The suit was dropped six days after it was filed, but ultimately revisited before Wheelis.

Roll questioned Wheelis’ ability to provide an unbiased ruling, citing concern about a conflict between Reintsma and Wheelis. According to Roll, Wheelis was reprimanded for not offering rulings in a timely manner after Reintsma filed a formal complaint. Roll said he and Reintsma discussed the city attorney’s relationship with the district judge before filing the suit. Reintsma told Roll that he was sure the relationship was amicable.

“If I could go back, I would ask for a different judge,” Roll said.

Looking at what could have been, Olsen said he feels he should be Libby’s mayor.

“Down in my gut, I believe it was true-blue elections fraud,” Olsen said. “I believe Doug Roll should do the honorable thing and step down. He will not.”

The settlement was unanimously approved by the City Council. That gives the city 10 days to pay Olsen in full.

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