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Resident presses commission for update on lawsuit over planned asphalt/crushing operation
Summary
A resident told commissioners that federal litigation could force the city to allow an asphalt/crushing plant on environmentally sensitive land near homes and a lake; the city solicitor said state claims were dismissed without prejudice, federal claims were denied for now and the judge ordered settlement talks.
At the Feb. 17 meeting resident John Worthington asked for an update on federal litigation alleging deliberate fraud by a former commissioner and the city related to a developer's plan that could allow an asphalt and concrete crushing operation near residential areas.
Worthington said the developer's court filing alleges the city and a former commissioner concealed plans and that the site at issue is "environmentally sensitive land adjacent to hundreds of homes right on a lake." He asked whether the city is working to stop the proposal and to ensure public business is done in public view.
The newly appointed city solicitor provided the court status: a motion to dismiss in federal court resulted in dismissal without prejudice of state-court claims; the judge denied the federal claims that were brought at this time and ordered the parties into settlement discussions. The solicitor said there has been no discovery and no formal exchange of information so far.
The solicitor cautioned that settlement discussions at an early stage are not uncommon and said he would provide any additional information he is legally permitted to share as it becomes available. No further public-action steps were announced in the meeting minutes.
