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County attorney: Court of Appeals reverses Superior Court decision in cases involving Commissioner Hoyte
Summary
County Attorney Bin Minter told the commission the Court of Appeals has issued opinions affecting two cases connected to Commissioner Damon Hoyte: one reversing a Superior Court ruling that had ordered refunds and remanding another case for further consideration of dismissal motions.
County Attorney Bin Minter briefed the commission on two recent Court of Appeals opinions at the Oct. 7 meeting.
Minter said the court reversed a Superior Court decision in UGOCCC v. Damon Hoyte (Superior Court case 23CV072) that had previously required the county to return fines collected from Mr. Hoyte and ordered a retrial in magistrate court. According to the attorney's summary, the Court of Appeals reinstated the earlier magistrate rulings that found violations of the county zoning ordinance in 2022.
Separately, in a case styled Haymond v. Hoyte — in which the county is a co‑defendant — Minter said the Court of Appeals reversed the Superior Court’s denial of a motion to dismiss, vacated that denial and remanded the case to Superior Court where Ms. Haymond's dismissal motion is again pending; the county’s own motion to dismiss also remains pending.
The attorney characterized the statements in the minutes as factual summaries of appellate rulings; no additional action was taken at the meeting. Chairman Charles Coffey expressed concern about inaccuracies reported in a local newspaper account of the rulings and asked County Manager Thomas Weaver to coordinate with County Attorney Minter on a press release to correct the record. No press release text appears in the minutes.
