City Attorney Kurt Ardaman reported to the Commission yesterday that Assistant State Attorney Richard Wallsh had withdrawn his motions to strike language regarding the site of the new library in the City’s bond validation suit.
Mayor Leary immediately followed with remarks directed to “media who eagerly reported about the State Attorney [filing] those motions . . . [we are] eagerly anticipating covering dismissal of those motions as well.”
City Seeks to Include Site Language in Bond Validation Complaint
The State Attorney’s motions, filed September 21, challenged the City’s request for validation of up to $30 million in bonds “for the purpose of building a municipal facility in Martin Luther King, Jr. Park” on grounds that the ballot referendum made no reference to the location. “The inclusion of the site is not a proper subject for determination by this court,” reads the State Attorney’s Motion to Strike.
State Attorney Objects to Language, Wants Separate Hearing
As part of his filing, State Attorney Wallsh requested his motions be heard at a separate hearing prior to the October 20 bond validation hearing.
City & State Attorneys Agree to Consolidate Hearings
In a subsequent meeting September 30 between State Attorney Wallsh and City Attorney Ardaman, the two attorneys agreed, in a “Joint Stipulation Regarding the State of Florida’s Motion to Vacate Order to Show Cause and Motion to Strike,” that Wallsh would withdraw his motions and his request for a separate hearing, with the stipulation that he can still make the motions at the October 20 hearing.See Document.
Motions Cannot Be ‘Dismissed’
Motions in court cannot be dismissed. They are either granted or denied, actions only a judge can take. The State Attorney’s motions and his request for a separate hearing have been withdrawn – for now. The substantive arguments of the motions can still be heard at the October 20 hearing.
In other words, nothing has changed except the schedule.