Status of Legal Matters Statement to Membership (January 20th, 2019)
On December 7th, 2018 Judge Hillman held a motion hearing that was rescheduled from November 16th, 2018 to rule on the matter. Counsel was in attendance by phone. Below is a summary by counsel of the hearing.
The judge first summarized the summary judgment proceedings. (She commented that it was “too bad” that the County withdrew its oral motion for summary judgment, as that was the “easiest thing for her to rule on.”)
The judge stated that she had just received this morning the supplemental briefing but allowed the attorneys to address the arguments therein. I summarized our brief regarding the statute of limitations, inadequate pleading, and estoppel arguments. Hathaway and Anderson summarized their arguments in opposition and requested that the Court strike the brief as untimely, also requesting additional time to respond if the judge were inclined to allow our supplemental brief. The judge next defined the record before the Court, which she stated included the summary judgment briefing prior to the hearing on October 1 and all arguments made at the hearing together with any briefing thereafter that was expressly permitted, but struck all other briefs, including the supplemental briefing. Recognizing that Plaintiff s and the County’s summary judgment motions had been withdrawn (and that Plaintiff s motion as to the estoppel claim had been denied, consistently with Plaintiffs acknowledgment of issues of material fact), the judge stated that the only motions before her were the motions for partial summary judgment filed by De Monte and ATC. The Court denied the De Monte and ATC motions, as follows:
The Court found as fact that Crook County had established a road in 1896; and whether that road had been vacated or extinguished presents genuine issues of material fact. The Court directed Hathaway and Anderson to submit orders as to the above ruling.
A pretrial conference is set for January 29,2019, at 9:30 a.m. At that time, the Court will address any additional motions or issues and set a trial date. (The Court mentioned that the trial would likely be set for March or April 2019.)
Discussions continue in the hopes of reaching a settlement agreement.
Respectfully submitted January 20th, 2019 by
Randy Panek, President TRLA
Is there any agreement with the DeMonte subdivision or road 577 going through or what? Is there a decision or is it put off for another month? Please reply.
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