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Tuesday, June 09, 2009
Templeton Lawsuit Against Town of Boone Dismissed
It happened back on May 25, but the judge didn't sign his order to make it official until today.
The Jeff Templeton lawsuit against the Town of Boone, challenging the constitutionality of the town's steep-slope development regs, was thrown out by Superior Court Judge Joseph N. Crosswhite (who's a Republican, incidentally) for failing to set out "facts or legal claims which showed any potentially valid basis under state law or the constitution."
This was the second lawsuit filed by Boone attorney Charlie Clement on behalf of Templeton to try to strike down the ordinances. The first attempt was voluntarily withdrawn by Clement in December 2006 just before it was to be heard in court, a move sometimes regarded as an admission of "I have no case."
The Jeff Templeton lawsuit against the Town of Boone, challenging the constitutionality of the town's steep-slope development regs, was thrown out by Superior Court Judge Joseph N. Crosswhite (who's a Republican, incidentally) for failing to set out "facts or legal claims which showed any potentially valid basis under state law or the constitution."
This was the second lawsuit filed by Boone attorney Charlie Clement on behalf of Templeton to try to strike down the ordinances. The first attempt was voluntarily withdrawn by Clement in December 2006 just before it was to be heard in court, a move sometimes regarded as an admission of "I have no case."
Labels: Boone, Charles E. Clement, Jeff Templeton, steep slope hazards
