Updated March 5, 7:41 a.m. The Forney City Council discussed the pending lawsuit filed against the City of Forney by Pate Transportation Partners and Forney Roadbuilders with city attorneys during tonight's Executive Session, March 5, 2013. At the conclusion of Executive Session, no action was taken by the Forney City Council.
Updated March 5, 7:41 a.m. The Forney City Council discussed the pending lawsuit filed against the City of Forney by Pate Transportation Partners and Forney Roadbuilders with city attorneys during tonight's Executive Session, March 5, 2013. At the conclusion of Executive Session, no action was taken by the Forney City Council.
A settlement is yet to be determined and the trial is still set for April 30 through May 3, allowing for three and a half trial days. Many of the details surrounding the case were outlined in an inForney.com investigates article on February 23, 2013.
A Summary Judgement in the case has not been entered by Kaufman County Judge Chitty. However, on December 17, 2012, a court ruling was made on a motion by the Plaintiffs for a Partial Summary Judgement. The Court ruled that the contract was a valid and enforceable contract and that the City of Forney failed to comply with the termination clause therein. “The Court is of the opinion that the City's failure to comply with the termination clause in Article 13 constitutes a breach of contract as a matter of law,” states the ruling.
One of the only things remaining to be determined by the court is the amount of damages, if any, that could be substained by Pate Transportation Partners and Forney Roadbuilders. The court document states that the amount will be determined during the aforementioned trial dates unless mutually agreed upon by both parties prior to the trial.
Any reports of a final Summary Judgement in the case are completely false, according to a representative from Judge Chitty's office and another with the Kaufman County District Clerk's Office. No Summary Judgement has been entered nor has a settlement been reached.
