All evidence has now been presented to the court by both sides. Trial testimony ended at noon today for Phase I, the “right to take” phase in the eminent domain proceeding.
Our request for a public video feed of oral arguments (to allow members of the public to view the proceedings) was presented to counsel by the judge today, and there was some discussion about making it happen. No decision yet. Stayed tuned.
Liberty has 45 days from today to submit their closing argument in written form, with a page limit of 100 pages. BB&K (representing the Town of Apple Valley) has 45 days thereafter to present their written opposition argument with the same page limitation. Liberty then has 30 days to make a written reply. Only after submission of all written arguments (about 120 days from now) will oral arguments be scheduled. That means that this case may go into January 2021.
In the meantime, watch that cash register drawer at the Town empty like crazy! No wonder Town Manager Doug Robertson wants a new tax.
Attorney at Law