Lawsuit update september
Parker Case To Be Heard in October
As we reported recently, the judge in the Parker lawsuit issued decisions on August 9 denying the City’s and the developer’s motions to dismiss Wendy Clark’s lawsuit.
At a status call on August 24, the judge agreed with a request by the defendants to divide the case into two stages for trial. The City of Galena is required to respond to the complaint before the end of September. A status hearing is scheduled for September 28 for updates on both parts of the case. Status hearings address schedules and other ‘business’ of the case.
The judge will hear final arguments on the portion of the case involving the City on October 24. (Note: This has now been delayed to October 30th as a result of illness.)
The portion of the case requesting an injunction, which involves the developer, will be considered at a later date.
We will all benefit if Wendy succeeds in her lawsuit against the City. The counts against the City aren’t about the merits of the Parker project itself but instead focus on the process by which the City made its decisions to rezone and annex the property.
The lawsuit alleges that the city failed to follow its ordinances and state laws when it approved the Parker plans and rezoned the area. If Wendy is successful, there could be positive impacts on the way the city considers rezoning and development requests in the future.
You can help Wendy succeed on behalf of us all by contributing to help offset legal costs. The costs of the lawsuit have already exceeded initial estimates, largely because of the delays caused by the additions and amendments allowed by the City to the Parker plan, and by the unsuccessful motions to dismiss. We remain grateful for your past support, and for whatever you can contribute to help see this through.p