A case alleging misuse of fees brought against the county by Community Treasures is still under review by Judge Eaton after an hour-long hearing on Jan. 8.

The case was first initiated March 9 in San Juan County Superior Court, alleging that the San Juan County Community Development and Planning Department over-billed Community Treasures, previously known as Consignment Treasures, for building and land-use fees, and for the alleged misuse of the fees that they had collected, and that they were owed a refund of $1.2 million in total.

In July, Judge Donald E. Eaton made a partial decision put forward by the defendant, who requested that the case be re-filed following procedures under the Land Use Petition Act. Under LUPA. Petitions have a 21 day deadline, which would force Community Treasure’s petition to fall outside of that deadline, resulting in the dismissal of the case.

According to San Juan County Prosecuting Attorney Randy Gaylord, who is defending the county, Judge Eaton said he was ready to dismiss the case but needed to review a statement submitted by Frank Penwell of Community Treasures.

Follow the Journal for updates on the case.