After denying summary judgment to both parties in the Jan. 10 opening salvo in the case brought against the City of Sturgeon Bay by a group called Friends of the Sturgeon Bay Public Waterfront (herein known as the Friends), Judge Raymond Huber of Waupaca County had some advice for the separate attorneys.
“I encourage counsel to explore possibilities of settlement,” he said.
Both parties were seeking summary judgment from Judge Huber, who was assigned the case when Judge D. Todd Ehlers recused himself. But the case appears to be built upon legal points so fine regarding the state’s Ordinary High Water Mark that no judge would want to issue a judgment at the first hearing because of the distinct possibility of being overturned by a higher court.
So, no real surprise that the case will go to trial as scheduled on Feb. 9-10. Huber asked attorneys Mary Beth Perenteau for the Friends and Remzy Bitar, assigned by the city’s insurance provider, if two days would be enough. Perenteau said some of the issues being debated could take two days alone.
“Let’s see if we can get done in two days,” Huber said, adding that if along the way in their trial preparations, the attorneys think more time is needed, to let him know for scheduling purposes.
We will bring you more details on the case as the trial approaches.