While that suit sits idle on the district court docket, the six citations issued by the city against EPI languish in city court.
Dist. Judge Alonzo Harris on Monday continued a contempt hearing against Morris, after Morris engaged a second attorney, Christian Goudeau, in the EPI matter.
The continuance also delays hearing of a motion by one of the city’s attorneys, Vernon McManus, seeking dissolution of a Temporary Restraining Order issued last fall by Harris, an order barring the city and Morris from tampering with EPI’s connection to the city’s wastewater system.
The TRO hearing has been in limbo since December, when Harris granted both sides time to conduct additional discovery.
Each says the other delayed that process.
On the city court side, Judge Lynette Feucht held a hearing on Dec. 21 on a motion to quash the citations to EPI and owner John Baham, all alleging violations of city code relative to permits, inspections and sampling.
That hearing, at which Morris, Baham and Code Enforcement Officer Gary Bult testified, lasted far into the night.
EPI contends through its attorney Doug Summerlin that the citations were issued in an attempt to create leverage in the district court dispute. It also denies any violations and said it has attempted to correct what the city perceives as violations but has met with no cooperation.
Judge Lynette Feucht sit a Jan. 11 trial date for the matter, but continued it to allow Summerlin and the city’s prosecutor, Jay Caswell, to file briefs before she ruled on the quash motion.
That’s where the matter stood for six months. On July 16, Judge Feucht notified they had until Aug. 6 to file their briefs.
Summerlin filed his document on July 30, asserting there is no evidence of criminal intent on EPI’s part and that the city is “improperly attempting to gain advantage in the contractual dispute.”
Caswell said Thursday he was preparing the city’s brief from Friday filing.
Post a Comment
