Upcoming Events

Open Modal

City Of Carroll Seeks Dismissal Of Lawsuit Filed By Carroll Library Opponent

The City of Carroll has responded to a lawsuit filed by Dr. Richard Collison, a Carroll resident opposed to the library project. The lawsuit seeks an injunction against the issuance of bonds to finance the renovation. In a motion filed today (Tuesday) in District Court, the City of Carroll requested the petition be dismissed on the grounds that Collison’s lawsuit is not legally viable, constitutes an inappropriate interference with the council’s legislative function and that his tort claims are based on a non-binding prediction of future council action. Kevin Collins, an attorney representing Collison with Nyemaster/Goode PC, saysthey were notified Tuesday that the motion had been filed.

Collison’s original petition was filed in District Court on Aug. 7 and claims the City of Carroll, the Carroll City Council and City Manager, Mike Pogge-Weaver misled the public on the total cost and tax impact of the $6.8 million project. The four counts against them include: negligent misrepresentation and non-disclosure; fraudulent misrepresentation; fraudulent non-disclosure; and breach of fiduciary duty. Collins says he will not comment on the specifics of the case, but he does want people to understand that his client is not wholly opposed to a new library.

In August of 2017, 61.8 percent of Carroll voters approved a referendum allowing for the issuance of $3.8 million in capital bonds to help fund the renovation of the library. City Attorney, David Bruner, says they generally do not comment on pending litigation, but he did indicate they intend to defend the project vigorously. The next step in the case is for the court to schedule a hearing to consider the motion to dismiss.

Recommended Posts

Loading...