Post Oak/County Ask Judge Davis to Reconsider
As reported here briefly earlier, legal counsel for Safe Harbor Development and Knox County have submitted documents asking Judge Davis to reconsider her ruling in our case. Here is more information.
We should first make clear that this is not an appeal of Judge Davis’ legally sound ruling. We have confidence in the judge’s legal acumen. It would seem that in their approach, the defendants do as well.
The defendant’s action is a plea to Judge Davis to, in effect reverse her own very thoughtful decision. We do not anticipate that.
As we have stated here before, Judge Davis has a strong, sound record for fairness and thoroughness. We take comfort in that.
There will be a hearing with Judge Davis on the matter in February. We will of course keep you posted here.
As we understand it, the defendants are arguing there is no longer a need to prohibit the development on the basis of the non-conforming sewer treatment plant because First Utility District now has capacity to serve the development via a sewer line. As you may recall, this was the original publicly announced plan that the developers at some point abandoned. They then asked the county to approve a sewer treatment plant.
Our counsel, as always, have been hard at work. They are very enthusiastic about this additional opportunity to speak to the judge on the matter. While it does increase our legal fees, our leadership team is also enthusiastic about the potential for more clarification and finality on this complex matter of such importance to our community. So we have also been hard at work.
Please see our additional posting on our meeting with First Utility District related to this.