City continues legal battle with countersuit
by Jake Lowary --
Jul 27, 2005 | 0 0 comments | 1 1 recommendations | email to a friend | print
Despite claims that the city wants to settle the lawsuit currently under appeal with the residents of Arrowhead, Wyandot Village and Apache Heights, they have filed an answer and counterclaims suit against those residents, requesting financial repercussions for the services they provide.

The move will likely lengthen the legal battle between the city and the some 120 residents that claim their property was improperly annexed by the city several years ago.

“Everyone’s exasperated with the whole thing on both sides,” City Attorney Jamus Redd said over a month ago.

Despite those claims, he, with approval of the City Council, filed the claim for retribution July 14. The new suit will lengthen the process of getting closure for an undetermined period of time.

In the claim, the city calls for all claims by the residents to be dismissed, along with many other claims.

“(Resident’s) complaint fails to state a claim upon which relief may be granted and should be dismissed,” the first defense reads.

The second and third defenses also request a dismissal claiming sovereign immunity, estoppel, laches and waiver as complete bars to the claims of the plaintiff, or the residents of the three subdivisions.

For the rest of this story, please see this week's edition of The Cadiz Record.
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