On July 26th the county presented to the court their Motion For Summary Judgment. This was an attempt to get a ruling that there were no issues of fact to be decided, and that they should get a ruling in their favor on the law. They lost. There were indeed factual issues to be decided, and so this case will go to trial at the beginning of October. One of the factual issues to be litigated is the result of the vote that was taken of the homeowners to approve the MSBU in the first place. The county claimed it passed, but an audit by several residents called that result into question. This will be an issue at trial, even though the county’s position is that the vote did not even count, and that the county commissioners could overrule the result of the vote, even if the homeowners voted against it.
Prior to trial, the parties were ordered to go to mediation. This is not binding, but used as a method to try to resolve issues between the parties without the necessity of a trial. If an agreement is not reached at mediation, it goes to trial. The mediation is scheduled for Sept 17.
