Shoe Creek Lawsuit Hearing Monday: Judge to Hear Arguments on Motion for New Trial

    On Monday morning Judge Wilson Fields will hear arguments on a motion for a new trial over the zoning of the Shoe Creek Development.  Central Citizens Dave Freneaux, Mike Mannino and Mike Stephens contend that the approval of 250 apartments in the development is a violation of Central’s ordinances.
    Mayor Junior Shelton and Central Council Members claim that the City Council has the discretion to approve as many apartments as they deem appropriate, even if that number exceeds the city’s own density calculator contained in the zoning code.  The citizens asked the courts to decide the matter, and in October Judge Fields ruled in favor of the city in a brief 15 minute trial with no witnesses.
    Court documents filed by the plaintiffs cite eleven reasons for the granting of a new trial by Judge Fields.  In addition to a number of procedural grounds which alone may warrant a new trial, the plaintiffs allege that after the trial, the City of Central confirmed in writing that documents asked for in Public Records Requests had been withheld without notice in the weeks leading up to the trial.  This issue has resulted in a Public Records lawsuit which is pending trial in front of Judge Don Johnson.
    The plaintiffs also have requested a new trial because after the City of Central opposed the use of a private process server, the court denied the private service of subpoenas to witnesses.  The result was that key plaintiff’s witnesses were not available to testify at the trial.
    Most recently, an email was uncovered through a Public Records request in which the City of Central’s zoning attorney and expert stated that the Shoe Creek development would have a negative traffic impact on the city.  The motion for a new trial claims that this document “evidences the [City of Central’s] contentions, submissions and arguments to the court at the preliminary injunction are in direct contravention to known facts and wholly consistent with the [citizens’] contentions.”
    Monday’s 9:30 AM hearing will either result in a new trial in front of Judge Fields or a likely appeal of the lawsuit to the First Circuit Court of Appeal.