Pre-trial conference set in lawsuit against Vincent
A pre-trial conference has been set for a Vincent property owner’s lawsuit against the town.
Anne Bates Gibbons filed the lawsuit, which alleges town officials ignored part of the town’s zoning code as they considered White Rock Quarries’ rezoning application. The lawsuit was filed Feb. 26 of this year.
Shelby County Circuit Judge Hub Harrington set the pre-trial conference for Sept. 21 at 9 a.m.
The conference will give the judge and all parties involved with the lawsuit a chance to make a schedule for the rest of the judicial process.
Gibbons’ lawyer, Trip Galloway, said he expects both parties to file for summary judgment.
“That’s all the comment I wish to make at this time,” he said.
White Rock lawyer Rob Fowler said officials with the mining company, which is now a party to the lawsuit, believe the lawsuit has no merit.
“The Vincent ordinance that has been challenged, we believe, is proper. We believe it’s a good ordinance and that it’ll be upheld,” Fowler said.
Fowler said White Rock plans to bring a motion to dismiss the lawsuit. The town of Vincent has already brought such a motion, which is waiting for Harrington’s ruling.
Vincent Mayor Ray McAllister declined comment. A call to Vincent town attorney Corey Moore has not been returned.
The Vincent Town Council passed an ordinance approving the mining company’s request, 5-1, to rezone 886 acres of land to accommodate the quarry during the council’s July 15 meeting. The council also passed an ordinance to annex all of White Rock’s property into the town of Vincent.