A District Court judge has dismissed a Carroll resident’s lawsuit against the City of Carroll, Carroll City Council and City Manager, Mike Pogge-Weaver, regarding the Carroll Public Library renovation. In an order filed Monday, Judge Stephen Oeth granted a motion to dismiss the case on the grounds the issue was not ripe for adjudication, meaning the case is dependent on future events that have not yet occurred. Dr. Richard Collison, a vocal opponent to the library project, filed the lawsuit in early August, which claimed the defendants acted negligently by misleading the public prior to the August 2017 referendum. That referendum passed with nearly 62 percent of voters in favor of the city issuing $3.8 million in bonds to help fund the $6.85 million renovations to the library and city hall. The judge notes Collison’s petition “is not immediate and concrete until the City engages in official enforceable action as to raising taxes or allocating public funds in a manner inconsistent with the referendum,” and Collison will not suffer hardship by postponing judicial action. At a hearing in Boone on Sept. 17, Jason Craig, an attorney for the defendants, requested expedited consideration on the motion to dismiss, as the city intended at that time to award a contract for the project on Friday, Sept. 28. Because the case was dismissed without prejudice, Collison may be able to bring the lawsuit before the court again in the future. Carroll Broadcasting has reached out to attorneys from both parties for comment.
