Last Friday, 2/17, word arrived that Judge Maze had entered into the record an important ruling in the case of 224 E. Oak St: Leah Stewart, Steve Zocklein and Christopher White v. King Southern Bank [KSB], DF Investment [DFI], and Louisville Metro Board of Zoning Adjustment [BOZA].
The court struck down the DF Investment/King Southern Bank request that it accept their belated filing of a reply to our final brief; they wanted more time, exception to the original filing order, and possibly to force us into oral arguments. Their attorneys missed the deadline of January 3, 2012, which was the date to end the filings. That this is ironical, I'm sure is not lost on you, the reader, if you have followed this case since its inception. The KSB/DRI initial attack on ZALU was timeliness. BOZA has quietly stayed out of the fray.
In his decision, Maze recognized that KSB, DF Investment, and BOZA were not complying with the filing order that all parties had originally agreed to adopt.
He struck our adversaries' late Reply Brief from the record.
The case now stands submitted for a decision on the merits before the Court.
However, we do not know what our opponents will try next.
This current decision is consistent with Maze's mindset, so far.
He has effectively maintained the strength of our position in the face of the very aggressive litigation tactics by KSB/DFI. Judge Maze is under no deadline so there is no way to predict when his decision will be made. Our team will announce any news as we receive it.
Please stay with us. Your continued interest and support is essential to this important neighborhood case.
