When A Win Is Reported As A Loss
I was at Cyd’s last week getting my monthly haircut, they asked about the article in the paper a couple of weeks back. They were concerned by the way the article read that we had lost another decision. I laughed and informed them that though the paper didn’t report it as such, we actually won that hearing.
The City’s lawyers have tried twice now to get the judge to award them over $200,000 without a jury trial. The first time (last September) they asked to be awarded on the merits of their case, the judge said no. The second time (this February) they claimed it based on a technicality. The judge asked us to clear up the technicality and denied the City’s claims and further stated that there were facts in the case that needed to be decided by a jury.
But, for those reading DAR’s opening paragraphs on Sunday February 12 with phrases like “the judge sustained a motion that semo.net owner Brian Becker’s affirmative defenses are dificient as a matter of law” — it’s hard not to be concerned.
We are pleased that this is set for jury trial and will be ready on April 4th. But be on the lookout for the city to request delays and/or drop the case altogether to keep a jury from hearing the truth we will present.