A trial scheduled for October 2 in the case of Bethesda residents vs. Montgomery County over the illegal approval of the Westbard sector plan has been postponed by the Circuit Court judge. The delay was sought by the judge to give him more time to consider and rule on several pre-trial issues in the case, including requests for summary judgement and dismissal of the entire case by one side or the other.
No new trial date was immediately scheduled. While it is always a challenge to take on developers and the County, particularly when the County and State laws are tilted strongly in favor of both, once again the length of time the judge is taking indicates the plaintiffs' arguments have strong merit. Otherwise, the judge would have quickly issued a ruling in the case.
I can't wait till Westbard gets some nice buildings like the one shown in this photo.
ReplyDeleteHow long the Judge takes to rule on a dispositive motion does not neccesarily mean anything about how strong the plaintiffs' case is. These judges have enormous dockets and limited time. Moreover, they want to make any decision as airtight as possible since an appeal is likely. And just so you know, the safest course for any trial court is to deny all dispositive motions and let the trial occur. The most aggressive course for the trial court would be to rule in plaintiffs' favor on this motion.
ReplyDelete9:41AM speaks the truth
ReplyDeleteYes, the court has a large docket and limited time.
ReplyDeleteAt the same time, both sides told the Court that the facts were not in dispute-- that the key issues were a matter of law.
Yes, the court has a large docket and limited time.
ReplyDeleteAt the same time, both sides told the Court that the facts were not in dispute-- that the key issues were a matter of law.
I agree that the judge's decision should be as airtight as possible.
ReplyDeleteWith respect to a trial: unclear whether a trial is needed as both sides agree on the facts.
what a disservice to all of us to hold up redevelopment of a dated sorry shopping center! We need more housing closer in -- pushing housing farther out means more cars driving into town & more pollution. Hoping a summary judgment against the plaintiffs happens soon.
ReplyDelete