Edgerton addresses recent lawsuits filed against the city
City Attorney Lee Hendricks said the city had won a recent lawsuit with the Cole family in regards to a zoning issue in 2011 with a neighboring property owner.
The Cole family lives at 19911 Peppertree Lane.
Hendricks said the planning commission in 2011 had stated in their recommendation to the city council that there should be a setback of 200 feet from the property line, but the ordinance from the city council stated 200 feet had been measured from the home instead of the property line.
“It had an effect on the Cole family,” he said.
Hendricks said the Coles hadn’t filed at the time but only recently and the city immediately filed a response and a motion to dismiss the case because it had been 11 years.
“Following the logic that you can overturn language of an ordinance that properly passed 11 years later would basically erode the ability for this body to make a decision on a month to month basis,” he said.
Hendricks said it was a quick pleading and the court ruled in favor of the city.
“The time for the Coles to respond would have been days after,” he said.
Hendricks said the city had been involved in four lawsuits in the past 18 months and the Cole’s case had been the fourth one.
“I know those of you sitting here have heard various responses from the public,” he said.
Hendricks said the first was dismissed by the Plaintiff with no subsequent action. The second case was similar to the Cole’s case and dismissed. It has now been appealed to the Court of Appeals.
“I feel confident the response the court gave and the lower court they are going to agree in the Court of Appeals,” he said.
Hendricks said the third case went a little further with a little bit of discovery and a summary judgement motion was filed. The city anticipates the court will rule in their favor based on the arguments.
“I think it is important because I know there was a lot of talk about there’s these cases out there,” he said. “That’s where they are at. We are doing our best to keep it as short as possible,” he said. “The results so far have all been positive for the city.”