Tontitown Officials Deny Claims In Lawsuit
Last updated Friday, June 1, 2007 9:36 PM CDT in News
By Bob Caudle
THE MORNING NEWS
Tontitown City Attorney Mark Dossett says city officials did not discriminate against a man and his wife who are trying to put a recreational vehicle park along South Pianalto Road, in his a response to a federal lawsuit
Dossett filed a 29-page response to an amended complaint from Jay and Connie Potter, who filed a federal lawsuit against Tontitown alleging the city deprived them of their constitutional rights.
"The city's motion to dismiss alleges that Potter's second amended complaint is not well grounded in the law," Dossett. "The motion to dismiss argues that even if the allegations in the second amended complaint are assumed true, which the city fiercely disputes, the complaint is insufficient as a cause of action for most if not all of the counts in the complaint."
The Potters originally filed suit in circuit court. Washington County Circuit Judge Kim Smith ruled in mid-April the park falls under the jurisdiction of Tontitown regulations. Smith upheld the city's claim the park must adhere to the city's rules and regulations for such a development.
Much of Dossett's filing centers around the circuit court decision. The response argues the Potters are precluded from re-litigating an issue already decided, or could have been decided, in previous litigation.
Dossett's response also claims the Potters have been treated fairly and the Potter have not availed themselves from all remedies from lower boards and courts.
However, West Doss, attorney for the Potters, said representatives for the Potters attempted to work with city officials again Thursday, but were turned away.
"We tried to resubmit our (RV park) drawings (to city officials) to give the city a choice," Doss said. "They could extend the sewer past the RV park and to other citizens in the area or they could keep insisting we install a worthless decentralized sewer system."
Doss said Potter's representatives were told to show up at 11 a.m.
"Our people showed up at 10:50," Doss said. "Mick Wagner (chairman of Tontitown's Water and Sewer Commission) told us the meeting was over and we'd have to resubmit next month. They were all still there, but they wouldn't meet with us."
Also this week, Curtis Hogue, Wagner's attorney, filed a response to the Potters' amended compliant. Wagner is named as an individual defendant in the lawsuit.
In the response, Wagner denies all allegations in the Potters' complaint.
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