Nov 16, 2021
Judge Orders New Hearing on Strauss Slaugherhouse UDO.
Earlier today the Circuit Court overseeing the case against the proposed Strauss Brands Slaughterhouse and the City of Franklin Ordered a new hearing on the project. The Court retained jurisdiction but remanded the matter back to the City Common Council based on the Court's concerns that there was lack of adequate due process provided to the citizens including those opposing the project during the initial hearing process last fall. The hearing is to include a full review of the Slaughterhouse application. The Plaintiffs are very gratified that the Court is allowing for transparency and for the full facts about all aspects of the project and the process to come out in a public forum.
Joseph R. Cincotta
Law Offices of Joseph R. Cincotta, LLC
Write up can be found below:
Judge Hannah C. Dugan presiding in Branch 31 via ZOOM.
Court Reporter: Joan Butz on the DAR via ZOOM.
Plaintiffs appear by Attorney Joseph R. Cincotta via ZOOM.
Defendant Strauss Brands appear by Attorney Rick Manthe via ZOOM.
Defendant City of Franklin appears by Attorney David R. Bitar via ZOOM.
Matter in Court for oral arguments on Plaintiffs Motion to Complete the Record. Motion hearing held on the record via ZOOM due to COVID-19 Public Health Emergency.
As to earlier motion to strike, court ordered transcript identified 2 exhibits which were not identified in the motion to strike, the parties will submit a clarified amended proposed order without objection on specific documents to be stricken.
As to Plaintiff's Motion to Complete the Record:
Arguments by Mr. Cincotta. Responsive Argument by Mr. Bitar. Strauss joins in the City's opposition to Plaintiff's motion. Rebuttal arguments by Mr. Cincotta. Additional questions by the Court.
For reasons stated on the record, and having heard the arguments of counsel and considered the briefs and other documents in the record, the Motion to Complete the Record is GRANTED. Mr. Cincotta to submit a proposed order.
Court REMANDS matter back to the municipal court for further findings to supplement the record with another hearing to satisfy minimal due process requirements.