Tuesday, August 20, 2013

City Wins Round 1 of MX Zone Change Litigation, Allegations Against City & Commissioners Dismissed

Judge Aurigemma sustained  the City of Middletown's Objection to the plaintiff’s Motion to Amend the Record.  The  Plaintiffs, Jennifer and Jared Proto and their attorneys sought to add to the record 175 pages of e-mails and other documents the plaintiffs received via FOIA and to seek the depositions of Director of the Planning, Zoning & Conservation Dept. William Warner, Commissioner Ken McClellan (R), and Commissioner Molly Salafia (R) (despite Salafia's recusal  prior to the initial hearing before the vote).  The Court sided with the City and denied the plaintiffs' Motion.  The case is proceeding as submitted without these additional documents and without any depositions.  The Judge exonerates the commissioners and planning director of any wrong doing as the plaintiff's allege; finding there were in fact no illegal or unethical "ex parte" communications whatsoever.

The findings of the Judge and Motion  with counter allegations & criticisms from City Attorney Brig Smith are linked below:
Objection to the Plaintiff's Motion to Amend the Record
Order to Sustain Objection to Motion to Amend the Record

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