AMARILLO, Texas (KAMR/KCIT) — Judge William Sowder, the judge overseeing the ongoing Civic Center-related litigation in Potter County, has officially denied the city of Amarillo’s motion for a partial summary judgment in the case, according to documents filed in Potter County District Court on Monday.
According to previous reports by MyHighPlains.com, this comes after the city of Amarillo’s legal team requested Sowder rule on certain issues in the ongoing litigation that they believed could be decided as a matter of law. These items included the following allegations raised by Amarillo businessman Alex Fairly’s legal team:
- Texas Open Meetings Act – Notice Requirement;
- Imposition of Ad Valorem Tax;
- Use of Proceeds (whether or not the proceeds from the notes will be used to fund a “public work;”
- Public Hearing;
- Decision in Single Meeting;
- Election Requirement;
- Character of Obligation (whether the tax notes qualify as debt).
In a response to this motion at the time, Fairly’s team stressed their belief that this motion by the city of Amarillo was premature, seeking this motion before “any significant discovery” or depositions were conducted.
“The City’s attempt to parse these issues for their own ultimate benefit must fail,” Fairly’s team responded through documents at the time. “The people of Amarillo have a right to know whether their City Council was honest with them and each other about the anticipation notes at issue in this lawsuit. And Fairly is entitled to conduct discovery on those issues.”
According to the documents filed on Monday, Sowder’s ruling reads:
“After considering the Motion, responsive pleadings, the evidence properly before the Court and arguments of counsel, if any, the Court is of the opinion that the Motion should be DENIED.”
Order Denying City of Amarillo’s Motion for Leave to File Motion for Partial Summary Judgment
According to previous reports by MyHIghPlains.com, the bench trial for this lawsuit is scheduled for 9 a.m. Oct. 4 in Potter County District Court.
