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Law director: motion for summary judgment filed in charter amendment challenge; expedited briefing set
Summary
The law director told council the city filed a motion for summary judgment in a challenge to a charter amendment and that the court set an expedited briefing schedule, with the matter expected to be fully briefed by mid-January.
The Vermilion law director updated council on litigation over a recently adopted charter amendment, saying the case is assigned in Erie County and that the city filed a motion for summary judgment on Dec. 15.
The law director said a magistrate held a court call with counsel last week and that the court established an expedited briefing schedule; the city filed its summary-judgment motion on behalf of the city and anticipates that briefs will be fully submitted by mid-January, after which the matter will be before the court for decision.
Council members asked procedural questions about who initiated the filing. The law director said the filing is in the law director’s name on behalf of the city and that the mayor was supportive of the decision. The law director advised that details of litigation strategy would be appropriate for executive session and that outside counsel will be in contact with council members.
Next step: outside counsel will circulate correspondence to full council and the court will consider the briefs once the expedited schedule is complete.
