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Post by etaspen on Apr 23, 2012 19:50:00 GMT -5
Carolyn, I was there from the "get-go" and my understanding was the plantiff's objected to any new evidence presented by "our side" being entered in the case. This was one of the first items on the agenda. The judge said something to the effect that since the evidence was present, it was worth hearing (oh yes, it was!), but my take on it was that even though we all heard it, IF the Judge ruled it inadmissable (sorry for spelling) that non of it may apply. Both sides cited cases pro and con why this should or should not happen. Any clarification on this?
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Post by rooster on Apr 23, 2012 22:46:48 GMT -5
Damned! I was hoping I would get on here tonight and read that it was a go. Best of luck to you guys and thanks for the write up once again Carolyn.
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Post by MontgomeryWriter on Apr 24, 2012 8:46:31 GMT -5
Thank you Carolyn for all the information, I am inclined to think that this is a stall tactic perpetrated by the plaintiff and the judge, I feel that the Judge is not doing the job he was elected to do and as a alternative give serous consideration to a possible recall of his position in Montgomery county. Thanks Bud Not at all. I am a paralegal who has been working for lawyers since 1995 and understand the system quite well. This is pretty much standard practice when there is a lot of information the Judge needs to review. He has to review in more detail all of the exhibits that were entered during the trial (there were at least 15), some of which he probably had not seen before. He may have to research case law on certain things, such as the Plaintiffs' assertion that the P&Z and County Commission did not meet the standard of review by not obtaining a professional noise/sound study before granting the Conditional Use Permit to be sure that the neighboring properties would not suffer substantial negative impact and our response that there is no case law, statute, ordinances, etc. that set forth that standard of review. The Judge cannot just go with his feelings and decide one way or another - he's got to look at all the evidence first and that takes time. The entire case has proceeded pretty much in the standard way. I know it takes a long time and is frustrating, but that is how our legal system works. Carolyn |
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Post by MontgomeryWriter on Apr 24, 2012 8:47:03 GMT -5
Bud, he is in his last term of office. He is retiring so this all has no impact on him at all. I think he is doing as he needs to do and taking all elements into consideration and hopefully by doing so will stop any further issues that may arise. Exactly! |
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Post by MontgomeryWriter on Apr 24, 2012 8:48:21 GMT -5
Carolyn, I was there from the "get-go" and my understanding was the plantiff's objected to any new evidence presented by "our side" being entered in the case. This was one of the first items on the agenda. The judge said something to the effect that since the evidence was present, it was worth hearing (oh yes, it was!), but my take on it was that even though we all heard it, IF the Judge ruled it inadmissable (sorry for spelling) that non of it may apply. Both sides cited cases pro and con why this should or should not happen. Any clarification on this? As I wrote I missed about 15 minutes so I wasn't there for that. MARP's lawyer told me yesterday at lunch that sometime this week he is going to send me all of the Motions in Limine and trial briefs that were filed yesterday, so I'll be able to have a better idea then. Carolyn |
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Post by dennismopar73 on Apr 26, 2012 7:05:43 GMT -5
In 30 days, we will hear the end results. Baring further legal junk?
Speculation would say, start lining up the equipment,, and lets build a track!
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Post by MontgomeryWriter on Apr 26, 2012 20:51:11 GMT -5
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Post by MontgomeryWriter on Apr 27, 2012 12:01:26 GMT -5
I just got all of the documents that were filed the morning of the trial from MARP's attorney, Jeff Hunt, including the trial briefs and the Motions in Limine. I have not had a chance to look at all that in any detail yet, but I wanted to update on some other news that I got.
The judge emailed all of the attorneys with some smaller decisions. He did definitely allow the appraiser's testimony - this was the subject of one of the Plaintiffs' Motion in Limine. This is great news for us.
He denied the Motions to Dismiss from both us and Montgomery County. Obviously this bites. The Plaintiffs do not have to respond to them now, so the 10 days they were given no longer apply.
The judge will not issue a decision on the entire case until after he gets all of the attorneys' proposed judgments - the documents they were given 20 days to submit to him that I explained previously.
Ronnie told me the judge he said he expected to have a decision within 5 days of receiving those. I would imagine the Plaintiffs will likely wait until the last minute to continue the delays. This would give us a decision the week after Mother's Day.
Have a great weekend everyone!
Carolyn
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Post by dennismopar73 on May 4, 2012 14:03:06 GMT -5
May 4th we are in count down mode!
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Post by bigjosh on May 6, 2012 21:03:26 GMT -5
rodrun may 12 warrenton part of autofest
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Post by MontgomeryWriter on May 11, 2012 21:13:25 GMT -5
The trial was on the 23rd and all three attorneys (County Comission, MARP, and Plaintiffs) were given 20 days to send the judge their proposed judgments... that falls on a weekend so they are due on Monday. Ronnie told me that the judge said he expected to make a ruling within 5 days from that, so hopefully in the next week this will be OVER!!!
Have a great weekend!
Carolyn
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bud SE/JF 5821
Full Member
Well if there is not going to be a track here,Guess I will haft to move back to the west coast.
Posts: 191
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Post by bud SE/JF 5821 on May 11, 2012 21:48:25 GMT -5
YEAHHHHHHH.
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Post by megamerc on May 14, 2012 21:28:19 GMT -5
Up date, we did not hear anything from the judge today. So we'll have to wait to see what tomorrow brings. Everyone just hang in there!! Ronnie Track Manager
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Post by bigjosh on May 15, 2012 16:26:34 GMT -5
so if everything is good we build a track. so what happends if he goes with the people from saint charles county or wherever they are from. they cant really complain about noise now with the dirt track is open just kinda woundering what would be are next step in the fight to get us a track close to home
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Tray
Full Member
Posts: 123
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Post by Tray on May 16, 2012 23:57:34 GMT -5
Ya can't have no in your heart - Joe Dirt
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Bujang Lah Kau kagak ada btol
