Friday, April 13, 2018

Hotel lawsuit...Day in Court delayed, Town files response to claims

aShortChronicle told readers earlier this week that yesterday (Thursday) would be the hotel lawsuit's first day in court and that there was also a hearing scheduled for next week as well.  Well, life happens (even to judges), and yesterday's hearing was delayed due to Judge Lisa Bell unexpectedly not being able to be in court Thursday morning.

That means the issues scheduled for yesterday will now be heard at the previously scheduled hearing for this coming Tuesday.  At this time the Court calendar does not indicate which judge will be hearing motions next week.

Yesterday did see the Town finally file its response to the plaintiffs claims.  The response was filed by Town Attorney Cindy Reid.  Reid was also the attorney on hand yesterday representing the Town at the hearing before it was cancelled.  A copy of the Town response has been obtained by aShortChronicle.  Here, there is some interesting information.  In its opening statement, the Town says...

"The current Board of Commissioners are opposed to the decision to approve the application for a conditional amendment to the master plan for a hotel"

While a detailed analysis of the response will take time, the Town response does admit (at least in part) to some of the allegations in the claims, but on many points it leaves the interpretation of those admissions to the court.  The Town does not ask to have the decision remanded to the Town, but if that were to happen the Town would give the project "a fair and impartial hearing based on the facts before it. "

Here is hoping they get the chance to do that!

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