Update (12:40 p.m.)

In a statement provided to MyHighPlains.com, Fairly said that while his team is pleased with Tuesday’s developments, they continue to be “focused on the larger issue.” Fairly plans to encourage public involvement in the process as the litigation proceeds.

Original Story:

AMARILLO, Texas (KAMR/KCIT) — According to court documents filed in Potter County District Court Tuesday morning, Judge William Sowder has denied the city of Amarillo’s motion for “Security Against Suit” in the ongoing lawsuit regarding funding for improvements and renovations to the Amarillo Civic Center Complex.

According to previous reports by MyHighPlains.com, this comes after the city’s legal team filed a motion in July asking Sowder to consider a motion that would require Amarillo Businessman Alex Fairly to pay for the claims of the increased cost to the overall project, caused by a delay the city believes is the result of Fairly’s lawsuit. Fairly’s legal team continued to stress that he did not cause the delay, saying that the Texas Attorney General had not yet approved the $260,525,000 in anticipation notes to fund the project.

“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,” the documents read.

Because of this denial, Fairly will not be required to post bond in this lawsuit, the documents say.

MyHighPlains.com reached out to the city of Amarillo regarding a statement on Tuesday’s decision and said they do not comment on ongoing litigation. City officials provided MyHighPlains.com with a statement on July 12 where city officials said “we’re not going to have additional information to provide on this situation until it’s resolved in the courts.”

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.