Thu, Sep 04, 2008

Northwest

After losing contract on site, archaeological firm sues Marana

By Aaron Mackey
arizona daily star
Tucson, Arizona | Published: 06.28.2007
A local archaeological firm that accuses Marana officials of sabotaging a contract and damaging its reputation has filed a lawsuit against the town.
The complaint, filed in Pima County Superior Court earlier this month, says town officials caused Aztlan Archaeology Inc. to lose a job and harmed the firm's reputation and ability to do business. The complaint seeks unspecified damages.
The town hasn't received a copy of the lawsuit or responded, Town Attorney Frank Cassidy said.
Earlier this year, Tucson-based Aztlan filed a claim with the town based on the same complaints and asked for $472,000 in damages. The town never responded.
The lawsuit comes a year after Aztlan was hired to remove ancient Hohokam burials from an area near Continental Ranch slated for development.
The local firm surveyed the area, identifying and removing artifacts and burials.
Aztlan submitted a report to Su Benaron, the town's archaeologist, who determined that more work needed to be done.
The town barred Aztlan from doing more work on the site and joined with the developer to pay $35,000 to Desert Archaeology, another Tucson-based firm, to find out what work remained.
Desert Archaeology found 24 burials along with other artifacts. Based on Desert Archaeology's work, the town began filing a grievance against Aztlan with the Registry of Professional Archaeologists, according to an e-mail from Cassidy.
Ultimately, the developer agreed to cut ties with Aztlan and pay a third local archaeological firm, Tierra Right of Way Services, $245,100 to complete the work.
The developer isn't being named to protect the location of the site.
Tierra found and removed 114 burial sites and 250 other archaeological features, including pit houses and trash mounds, not including features already found by Desert Archaeology.
But Benaron's decision to bar Aztlan from the site was based on a preliminary report and it shouldn't have caused such a strong response, according to the lawsuit filed by Aztlan's Tucson-based attorney, Richard M. Martinez.
Aztlan's work met all the necessary standards and was even approved by the Tohono O'odham Nation, according to the lawsuit.
By barring Aztlan from the site, the town effectively forced the developer to hire another firm, interfering with Aztlan's contract, Martinez wrote in the lawsuit.
The firm also has accused Benaron of damaging the reputation of Aztlan and its president, Laurie V. Slawson.
Benaron has said that she only wanted the work to be done correctly and never carried out a personal vendetta against Aztlan or Slawson. No trial date has been set in the lawsuit.
● Contact reporter Aaron Mackey at 618-1924 or amackey@azstarnet.com.