Judge Maze returns his opinion on preliminary motions in the case Leah Stewart et al.

Judge Irvin Maze returned his Order on Monday, September 19, 2011 in the case of
Leah Stewart, et al. v Metro Board of Zoning Adjustment, et al. As the oral arguments had been taken in his court only 5 days earlier, Judge Maze has moved with remarkable speed to deliver his opinion.

Defendants DF Investment and King Southern Bank had propounded very broad written discovery with the goal, we believe, of wearing us down, the appellants, in costs and delay. Judge Maze's Order limits written discovery to a few narrow inquiries to appellant Steve Zocklein only and, then, only over a two month period - December 7 2010 to February 7, 2011.  No other discovery of any kind is allowed without further order of the Court.  The Order also provides a series of deadlines for answering the discovery and sets dates for the Metro Board of Zoning Adjustment [BOZA] to file its Administrative Record on the case and for further legal Briefs by all parties.

With this Order the right of discovery sought by the defendants is framed
as narrowly as possible, stopping only just short of a strict prohibition. The appellants have persuaded the court that it has jurisdiction.  It must be added that the BOZA has not joined in the motions and tactics of the other defendants DF Investment Group and King Southern Bank choosing instead a role as silent participant.