Update (10:35 a.m. Wednesday)
According to documents filed in Potter County District Court late Tuesday afternoon, the hearing surrounding the motion to abate has been canceled. The documents said that the “Motion to Abate is not set for hearing at this time.”
Officials associated with the petition process said that the cancelation does not serve as a waiver of the motion, stressing that the petition and the lawsuit and separate issues. The goal continues to be for the ordinance surrounding the tax notes to be repealed.
Officials said the judge in the case, William Sowder, indicated that he wanted more discovery to be conducted in the case before the abatement motion is considered.
AMARILLO, Texas (KAMR/KCIT) — Amarillo Businessman Alex Fairly’s legal team has scheduled a hearing for later this month to discuss the team’s recent request to abate the ongoing Civic Center funding-related lawsuit in Potter County.
According to documents filed in district court earlier this month, a virtual hearing surrounding Fairly’s “Motion to Abate Cause No. 110998-D-CV Pending Resolution of Referendum to Repeal Ordinance 7985” is scheduled for 1:30 p.m. on Sept. 14.
Fairly’s team filed the motion in late August, as the city of Amarillo is in the midst of verifying more than 12,500 signatures on a petition which, like the lawsuit, is aimed at repealing the Civic Center-related ordinance. According to previous reports by MyHighPlains.com, the city of Amarillo’s city council approved Ordinance 7985 in May, which allowed the use of tax notes for improvements and the expansion of the Amarillo Civic Center Complex.
The motion, filed on August 31, states that Fairly’s legal team expects the petition’s outcome will “likely cause the (lawsuit’s) subject matter… to become moot.” According to previous reports, the overall aim of the motion is to abate all further proceedings of the litigation until the Amarillo City Council takes action on the petition and/or for an election to be hosted.
The documents read that the hearing will take place via the Zoom video conferencing software. While the login information will be provided to the parties and their counsel only, the public will be able to see the hearing through a live stream on the Potter County 320th Judicial District Court’s YouTube channel.