In his introductory comments Judge Maze set the tone with relaxed welcoming remarks to the assembled counsel adding that he had read all of the filed memoranda from both sides, understood the content of the filings and was familiar with the case law being cited in the filings. Because the motion had been filed by the appellants Judge Maze agreed as a matter of procedure to let Brown begin and, also, granted him opportunity for rebuttal. After hearing arguments from both sides on the issue of quashing discovery the judge stated that he would not make a decision from the bench today but would do so in a week's time and he added, directing his next comment to Ashburner, that he was not inclined toward the overly-broad interrogatories and extensive discovery sought by the counsel for the appellees and if he allowed any discovery it would be very narrow in time frame and limited to knowledge -a term left undefined in ambit at this point. Judge Maze made a gesture with one hand communicating "a pinch" of something to illustrate the meaning of his words. Maze also asked of counsel Baker that the administrative record of BOZA be filed. The assembled counsel agreed that as soon as the judge delivered his opinion on the discovery issue they would meet and set the briefing schedule. Watch for an update next week.
Wednesday, September 14, 2011
Case of 224 E. Oak Street: Leah Stewart, et al. v BOZA, et al.
Today, Sept. 14, 2011 Jefferson County Circuit Court Judge Irv Maze took oral arguments from attending attorneys - Keith Brown for appellants Leah Stewart, Steve Zocklein, Christopher White; Clifford Ashburner for appellees King Southern Bank and DF Investment Group; Jonathan Baker for appellee Louisville Metro Board of Zoning Adjustment (BOZA -on a motion from appellants for the filing of the (BOZA) administrative record of the case, on setting a briefing schedule, and to quash discovery in a KRS 100.347 statutory appeal. Attending in the peanut gallery for the hearing were Christopher White and Leah Stewart, and John King, a vice-president of King Southern Bank and brother of bank president Jim King.
In his introductory comments Judge Maze set the tone with relaxed welcoming remarks to the assembled counsel adding that he had read all of the filed memoranda from both sides, understood the content of the filings and was familiar with the case law being cited in the filings. Because the motion had been filed by the appellants Judge Maze agreed as a matter of procedure to let Brown begin and, also, granted him opportunity for rebuttal. After hearing arguments from both sides on the issue of quashing discovery the judge stated that he would not make a decision from the bench today but would do so in a week's time and he added, directing his next comment to Ashburner, that he was not inclined toward the overly-broad interrogatories and extensive discovery sought by the counsel for the appellees and if he allowed any discovery it would be very narrow in time frame and limited to knowledge -a term left undefined in ambit at this point. Judge Maze made a gesture with one hand communicating "a pinch" of something to illustrate the meaning of his words. Maze also asked of counsel Baker that the administrative record of BOZA be filed. The assembled counsel agreed that as soon as the judge delivered his opinion on the discovery issue they would meet and set the briefing schedule. Watch for an update next week.
In his introductory comments Judge Maze set the tone with relaxed welcoming remarks to the assembled counsel adding that he had read all of the filed memoranda from both sides, understood the content of the filings and was familiar with the case law being cited in the filings. Because the motion had been filed by the appellants Judge Maze agreed as a matter of procedure to let Brown begin and, also, granted him opportunity for rebuttal. After hearing arguments from both sides on the issue of quashing discovery the judge stated that he would not make a decision from the bench today but would do so in a week's time and he added, directing his next comment to Ashburner, that he was not inclined toward the overly-broad interrogatories and extensive discovery sought by the counsel for the appellees and if he allowed any discovery it would be very narrow in time frame and limited to knowledge -a term left undefined in ambit at this point. Judge Maze made a gesture with one hand communicating "a pinch" of something to illustrate the meaning of his words. Maze also asked of counsel Baker that the administrative record of BOZA be filed. The assembled counsel agreed that as soon as the judge delivered his opinion on the discovery issue they would meet and set the briefing schedule. Watch for an update next week.
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