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Home My WebLink About07 21 1989 City Councilmen receive summonses in airport lawsuit416 City Councilmen Nash said he and City Manager receive summonses Robb McClary had met with Snell. and his attorney, Burney Carter, and in- airport lawsuit were attempting to work out a com- By George Ricker All five members of the Sebastian promise. McClary said he was hopeful the City Council have been served with issue could be resolved but that so far summonses in the lawsuit filed by the discussions have been prelimi- Sebastian resident Burt Snell against nary• "There are many ways of skinning the city. Served at Sebastian City Hall on a cat," McClary said, "and standing July 7, the summonses were received up in front of a judge isn't always the by City Clerk Kay O'Halloran, and best one." indicate the members of the council McClary said Wednesday the,situ- have 20 days to respond. ation remained the same. However, City Attorney Charles "We are still negotiating," he said. Nash advised the members of the He added that meetings have been City Council, at the July 12 council held with each of the City Council meeting, they need not be concerned members on an individual basis to about that time limit. review strategy. Noting he preferred not to discuss Snell's civil action was filed June the specifics of litigation directed 30 in the 19th Judicial Circuit Court. against the city in an open meeting, The petition for a writ of manda- Nash told the council members he mus was filed by Carter on Snell's would be happy to discuss the case behalf and seeks to force the Sebas- with them on an individual basis. tian City Council to pass the ordi- He told the council the procedure nance imposing a noise limit and to be followed, when a petition operating fees on users of Sebastian seeking a writ of mandamus is filed, Municipal Airport, as required by the is the presiding judge must review charter amendment passedby city the matter first, and, if the judge feels voters March 14. the petition has merit, he will issue an At a June 12 special meeting, the "order to show cause" why the writ Sebastian City Council voted 3-2 to should not be issued. defer final action on the ordinance At that point, a response would be and to enter into a "standstill" agree - necessary, Nash said. ment with the Federal Aviation "The city manager and I are trying Administration. to resolve the lawsuit," he advised According to the terms of the char - the council. ter amendment, June 12 was the last Nash confirmed July 13 the coun- day in the 90-day period during cilmen are not obliged to respond to which the ordinance was to be drafted the summonses. and adopted by the City Council. "They don't have to answer the petition. They have to answer a judge's order," he said.