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Judge denies summary judgment in city, county case
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Requests made by both parties in the lawsuit between the city of McMinnville and Warren County government have been denied by the judge, which could have spurred the desire for a second settlement conference.A summary judgment is a determination made by a court without a full trial and is an attempt by a party to promptly and expeditiously dispose of a case without a trial. Such a judgment may be issued as to the merits of an entire case, or a specific issue in the case.The city requested a summary judgment that the 1969 contract between the city and county to be declared against public policy as a matter of law in that it contains no expiration date. Further, the city argued the county, as a matter of law, has not provided the high quality of education alluded to in the contracts.Judge J.B. Cox says the city has not proven its contention and denied the summary judgment.The county’s summary judgment request was made on “the grounds that it has faithfully performed under the contract, that it has provided a quality education by obtaining and maintaining appropriate accreditation, and successfully running and maintaining the system for all these many years.”