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County staff: ‘Orion’ appeal record due to court in February; venue filed in regional court
Summary
County counsel said the administrative record for the Orion appeal is due to the court on Feb. 19; the appealing party filed in a regional venue (Switzerland County) under the venue statute and the county will be represented by its counsel.
County counsel updated the planning commission on the status of an administrative appeal in a case referred to in the meeting as the Orion appeal.
Staff said the county and the appellant are still gathering information and that the board record — including transcripts and documents — must be prepared and submitted to the court. The transcript shows the court-ordered board record is due Feb. 19 and that the appellant requested and received a time extension to prepare transcripts. The county attorney confirmed the county will be represented in the case.
Commission staff addressed why the appeal was filed in Switzerland County: a venue statute allows filing anywhere within the judicial region that includes Jefferson County, so the appellant selected Switzerland County. The county attorney said there was no basis to request a change of judge and that the county is proceeding with the record preparation.
No new decision in the underlying appeal was reached at the meeting; staff said they are awaiting the appellant's notice regarding which transcript to include in the record and that discovery and record preparation are ongoing.
