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County counsel: amended complaint filed in condemnation case; affidavits for immediate occupancy being prepared
Summary
County counsel reported an amended order and amended complaint are filed in an ongoing condemnation matter, opposing counsel stipulated to the amendment and staff are preparing affidavits to request immediate occupancy for two individuals once the judge signs the order.
County counsel reported that in the ongoing condemnation action the county has filed an amended complaint and the opposing counsel stipulated to the amended order allowing the amendment. Counsel told commissioners they are waiting for the judge to sign the order; once the order is entered the county can file affidavits seeking immediate occupancy for two individuals named in the transcript (Trevor and Matt Lucas).
Counsel said there is no court date set yet; if the other side requests a hearing the county will schedule one. Counsel also noted one party (Mac) has mobilized construction activity to some degree and may be hesitant to proceed further until immediate occupancy is secured. The county plans to file two affidavits justifying immediate occupancy and then request immediate relief, and if an opponent asks for a hearing the county will respond by scheduling the hearing.
Commissioners heard that opposing counsel’s stipulation should eliminate the need for an initial hearing to amend the complaint, but the judge must sign the order before the county can proceed with occupancy filings.
Ending: Counsel will file affidavits for Trevor and Matt Lucas once the judge signs the amended order and will notify the commission if a hearing is requested by the other side.
