A hearing on a motion for summary judgment has been set for the Bee Rock restraining order on September 25th.
When there is no dispute of facts in a case, a motion of summary judgment is called. A judge will make a decision based on law instead of a jury reviewing the facts.
Monterey Attorney Danny Rader said the scheduled August hearing was postponed due to the Garden Inn Owners, Michael and Mirtha Kopec, not posting bond.
“We (Monterey) filed a motion to require them to post a bond, and they have now agreed to do that,” Rader said. “And, they posted a $5,000 bond with the clerk’s office to compensate the town of Monterey in the event that they are not successful in their case.”
Rader said the case would go to trial sometime next year if the judge does not make a decision. Jury trials are currently not happening due to COVID causing a delay to next year.
The Kopecs asked a judge for a temporary restraining order over the installation of composting restrooms and access to the Bee Rock site. Circuit Court Judge Jonathan Young ruled that a gravel delivery went against his temporary restraining order.
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