Wednesday, March 11, 2015

IDA files for summary judgement in Ligett suit

J-E Editor
According to Webster County’s County Attorney, the Industrial Development Authority (IDA) has filed a motion in the Fifth Circuit Court in Dixon requesting a summery judgement on the law suit of Leesa Ligett vs. Webster County IDA.

The suit, which names the IDA, as well as board members Steve Whitsell, Mike Farris, Ken Hamick, Herman Hawkins, Jerry Hobgood, Mark Moser and Steve Hendrix, questions the legality of an IDA meeting held October 21, 2014. At that meeting the board voted to approve the sale of property in the Webster County Industrial Park to JEM Development for the purpose of building an apartment complex.
The suite holds that the IDA violated Kentucky Open Records Law by not advertising the location and agenda of the meeting prior to the meeting date. The IDA’s counter is that the meeting was held on their long standing annual meeting date. Kentucky law does not require regularly scheduled meetings, or the content of those meetings, to be advertised.
A summary judgement will allow the court to enter a decision on the matter without having to hold a full trial. In most cases this procedure is used by either party in a suite when they feel the outcome is obvious and wish to save the time and money associated with a trial.
Ligett’s counsel, James T. Skinner II, will have up to thirty days to issue a response before a judgement is entered in the case.
A summary judgement is still not necessarily the final step. The losing party can appeal the decision to a hire court if they feel their case warrants another look.

 at 270-667-2068 or

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