Timeline of the trial awards process (December 13, 2022)
The Court signed and entered an Order of Dismissal and Judgment on November 12, 2021. Under the order, the Town’s eminent domain complaint was dismissed.
Liberty filed a motion for award of litigation expenses on December 9, 2021.
The Town filed a notice of appeal of the order on January 7, 2022.
The Town filed its opposition brief on February 28, 2022, and Liberty filed its reply brief on March 28, 2022.
A Court hearing on the motion for award of litigation expenses occurred on May 13, 2022.
On August 2, 2022, The Court issued a ruling on Liberty’s motion for award of litigation expenses and awarded litigation expenses and attorney’s fees to Liberty.
The Court issued a final judgment with the fee award on August 5, 2022.
The Town filed a notice of appeal relating to the fee award on August 22, 2022.
The Town’s appeals of the order and fee award have been consolidated into one appellate docket.
The Court should be issuing a briefing schedule on the appeals by the end of 2022.
Is there any dispute by council of the veracity of the information as I outlined?
Is there anyone on the dais that does not know of the information as I outlined? If not why not?
This information has been suppressed (logic tells us that if this wasn’t suppressed we would know this information already).
Who asked that it be suppressed? BB&K, Council, Mr. Robertson, et al.?
Folks we’ve been fed enough silence on this subject, the Town is probably looking at $13 million in attorney fees and expenses to Liberty if not more. And, by the way, our costs to BB&K for the trial are probably somewhere in the same neighborhood.
Bill Inger, Apple Valley
(Presented to the Apple Valley Town Council at the December 2022 Council meeting.)