Circuit Judge denies county’s request for partial summary judgment in lawsuit against Batesville

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Independence County and County Judge Robert Griffin (pictured above, right) have been denied a motion for partial summary judgment in the county’s lawsuit against the City of Batesville and Mayor Rick Elumbaugh (left) that was filed earlier this year.

Independence Count Circuit Judge Holly Meyer denied the motion in the Sept. 10 order.

Partial summary judgments are used when there is no dispute as to the material facts of the case and a party is entitled to judgment as a Matter of Law

The county filed suit against the city earlier this year asking the court to take a look at state statutes and determine who should fund the district court and to what extent. 

In Meyer’s Thursday’s order, the judge also denied the county’s motion to strike the city’s post-hearing supplemental response.

In a Friday morning statement to White River Now, Batesville Mayor Rick Elumbaugh said:

“While we are pleased with Circuit Judge Holly Meyer’s ruling today denying Independence County’s request for partial summary judgment in the County’s lawsuit against the CIty of Batesville, there are other legal issues that remain unresolved. The City of Batesville looks forward to litigating the remaining legal issues in this case, and we are confident that the City of Batesville will ultimately prevail in this unfortunate lawsuit.”

“The order is on motions filed, not a decision on the case. It would appear a full hearing is the next step since a summary judgment was denied,” County Judge Robert Griffin told White River Now in an email Friday morning.

For more information on this story, click here and here.

White River Now News Team

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