March 04, 2008

Koch Road decision handed down

The Court of Appeals handed down their opinion today on the Koch Road scandal. The Court ruled that my clients (I am co-counsel for the group of residents which challenged the County's decision to vacate Koch Road) lacked standing in which to challenge the County's decision. Standing is a legal term which relates to the right to bring an action and the Court's ruling states that a group of residents do not have the right to challenge an illegal vacation of a County Road unless those residents have some injury different than the public as a whole.

This decision does not;
  • Find that the decision of the County to vacate Koch Road was proper.
  • Address the fact the the conditions under which Koch Road were to be vacated have never been met.
  • Change the fact that Koch Road was illegally torn out by the developer and builder.

Stay tuned.


Anonymous said...

This decision still leaves many things unfinished...who will finish the road to meet standards? When will the city take over maintenance of the road? Do we even know if the road meets standards/requirements of the city/county?

Anonymous said...

This decision unfortunately leaves as many questions as answers...who will finish the road? When will the city take over maintenance of the road? Does this ruling excuse the bad behavoir of the city, the developer and the builder?

Anonymous said...

Does this decision excuse all the bad behavior on the part of the City, the developer and the builder?

Anonymous said...

Who the hell is suppose to hold thier county government in check if it is not the residents?