Cunningham will rule in May on years-old legal battle
by Eric Snyder -- esnyder@cadizrecord.com
Apr 19, 2006 | 0 0 comments | 5 5 recommendations | email to a friend | print
Circuit Judge Bill Cunningham said last week he’d have a ruling ready in several cases involving the City of Cadiz and Apache Heights residents suing for back-taxes as soon as May 12.

Cunningham made the announcement April 12, during a hearing of the case City of Cadiz v. Arrowhead Golf Club. The moniker was coined by Cunningham to consolidate several related cases — including the class-action lawsuit filed against the city and about 30 claims from individuals seeking back-taxes. The claims were granted by District Judge Jill Clark, but have been appealed by the city.

During the hearing, Cunningham read an order he’d signed on April 4, granting the city’s request for 30 additional days to file pleadings in the class-action suit brought by George Zering and David Poe.

In the request, Ben Fletcher, a partner with former City Attorney Jamus Redd, said more time was needed “to become familiar with the case,” as he was replacing Redd.

But as Cunningham and Logan Askew, counsel for the plaintiffs against the city, were preparing for court last week, there was some confusion about who would be representing the city.

Fletcher’s office said Steve Underwood, Hopkinsville’s City Attorney who handled the case previous to Redd, would be appearing in court. According to Askew, however, Underwood’s office said he’d be appearing in a different court.

It was, in fact, Underwood who was in court last week to represent the city, though Fletcher signed the most recent filings on behalf of the city.

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