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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.