City attorney reports stalled Moody Park trailer enforcement, winery order enforcement underway; DuPont water suit remains active

City attorney Joe told the Board of Public Works and Safety that two long-running local cases remain pending and that a third regional suit continues to proceed through litigation.

Lede: Counsel reported that a 2023 administrative order to remove roughly seven unsafe trailers from Moody Park has followed a multi-step judicial path and is back in circuit court after a Court of Appeals refusal to take an interlocutory appeal; the city may now pursue trial or settlement. Counsel also summarized a separate enforcement matter tied to a historic-board order at Lanthier Winery and noted the DuPont water lawsuit remains active.

Nut graf: The updates do not change the board’s underlying orders but mark the cases’ current procedural status: Moody Park’s removal order survived denial of the owner’s summary-judgment motion in circuit court, the owner attempted an interlocutory appeal that the Court of Appeals declined to accept, and the city must now move the matter forward in circuit court. For Lanthier Winery, the court ruled in the historic board’s favor on a declaratory judgment action; city attorneys say the winery has not complied and the city has filed enforcement actions. The DuPont matter remains pending with recent filings not summarized at the meeting.

Key details from the meeting

- Moody Park trailers: Counsel said Moody Park’s counsel filed a motion for summary judgment that the circuit court denied. The owner (identified in the transcript as James Cunningham) sought an interlocutory appeal, which was not accepted by the Court of Appeals. The case has returned to circuit court and counsel said the city needs to file additional papers to get the case moving toward trial or settlement. Counsel indicated that, in the intervening period, the owner had voluntarily removed about three of the unsafe trailers.

- Lanthier Winery containers: Counsel described a separate matter in which the historic board’s removal order was challenged with a declaratory-judgment action by the winery. The court ruled for the historic board and the board’s order stands, but counsel said the winery has not complied and the city has filed an action to enforce compliance. A new judge has been assigned and the city expects further proceedings.

- DuPont water case: Counsel said the DuPont water litigation is ongoing; the board itself is not directly handling the case but attorneys will provide updates on recent filings.

Process and next steps

Counsel told the board that the Moody Park matter has moved through standard procedural steps (summary-judgment motion, interlocutory appeal attempt) and must now be advanced in circuit court. For Lanthier Winery, the city is in active enforcement litigation to compel compliance with the historic board’s order. Counsel committed to returning to the board with further updates as filings proceed.

Ending

Board members requested additional updates when the city’s counsel can report further filings or scheduling. No final outcomes or new orders were reported during the meeting.