By Lorraine Bennett
Staff Writer
Finding “there is no genuine issue of material fact” in the $3 million Ridges versus Clay County Water and Sewer District suit, Superior Court Judge William H. Coward has dismissed the matter.
Last week Judge Coward listened to arguments for attorneys for both parties and took the matter under advisement. His ruling was issued Monday.
“Having considered the motion for the plaintiffs for summary judgment and the evidence contained in the court file and the arguments of counsel and the court finding that there is no genuine issue of material fact and that the defendant is entitled to judgment as a matter of law, it is therefore ordered that the action of the plaintiffs is dismissed pursuant to Rule 56(c),” the judge wrote.
Rule 56(c) notes that materials cited do not establish the absence or presence of a genuine dispute or that an adverse party cannot produce admissible evidence to support the fact.
Plaintiffs in the case were The Ridges Management Company. Defendant was the Clay County Water and Sewer District.
A year ago The Ridges Management Company filed a complaint alleging the Clay County Water and Sewer District had failed to live up to its agreement permitting 400 sewer taps onto the county water district’s sewer system.
The complaint alleged the Ridges at Mountain Harbor subdivision would be able to use the county’s sewer system and the county would allow the hookups if The Ridges would build and install an extension of the county’s sewer and water infrastructure in the subdivision.
The county argued the agreement was rescinded because administration in the water district changed and The Ridges did not use the allocation.
Ward Collins, attorney for the plaintiffs, The Ridges, argued the agreement remained valid and enforceable and demanded the water district honor it.
In his ruling the judge disagreed.