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Wheeler council directs staff to proceed with Bottsmart litigation after mediation stay
Summary
After executive-session guidance, the council instructed the city manager to stop seeking further stays and to proceed with litigation in Bottsmart LLC v. City of Wheeler; the decision follows an extended mediation pause and concerns about ongoing legal fees.
Wheeler — The City of Wheeler will move forward with litigation in the case Bottsmart LLC v. City of Wheeler rather than ask the court for another stay, city officials said at the June 18 council meeting. City staff told the council the case had been under a stay to allow mediation, but that the stay had been extended only to July 5 and the legal team requested direction on next steps.
City Manager (interim) reported the legal team recommended the council decide whether to request another stay or proceed. Citing advice discussed in executive session, the council concluded there was a substantial chance a court would deny additional stays and that continuing a stay would prolong legal fees without clear progress. The manager said he would notify the lawyers that the city is not requesting an additional stay and will proceed with litigation.
The decision was framed by council members as a way to move the dispute toward resolution rather than continue paying repeated attorney fees while negotiations stalled. One councilor said the executive-session consensus supported proceeding with litigation; another urged citizens that the council seeks a solution that protects the city’s interests.
Next steps: staff will inform the city's legal team of the council's direction and work with counsel on procedural filings and scheduling. Council members did not provide a public roll-call vote on the record; the city manager summarized the action as the city's next step toward litigation.
