City Responds by Filing Motion to Dismiss

We have filed 4 counts against the City in our lawsuit. Each count is basically a separate lawsuit that has to be fought individually. Three of the four counts of our legal suit against the City originate in District Court. This means they have all of the normal rights of a lawsuit – such as discovery, depositions, and appeal to the Court of Appeals. The fourth count is the appeal of the administrative process. This count is different as it is an appeal of the decision made by City Council and the District Court is the appellate court for this matter. The rights under an administrative appeal are reduced. There is no discovery or depositions and the ability to appeal a decision is very limited.

On Aug. 21, the City responded to the suit by filing a Motion to Dismiss the 3 counts that originate in the District Court. This means the City is attempting to limit our position to only the legally allowed appeal. This would also mean the City would not be subject to discovery or depositions on how decisions were reached or how it conducted the site plan application approval process.

Our attorney is working on both the response to Motion to Dismiss and the 25-page briefing for the judge on the appeal of the City Council decision.

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