Update on the Blanchet Stadium Lighting Legal Issues

Thursday, December 19, 2013

Our victory at the Hearing Examiner was appealed by Blanchet.  Since it involves federal law, the appeal was transferred to federal court.  The city attorney is vigorously defending the Hearing Examiner’s decision.  Concerned Blanchet Neighbors is supporting the City in their defense, and our attorney has filed a brief on our behalf, working with the City.  At this point the positions of the City and of CBN are effectively identical.
Current Status:
As previously scheduled, Blanchet and the Archdiocese filed their opening brief to Federal District Court on November 12.  The city and ourselves filed our mutual responses this week, on December 17.
The cases outlined by the city’s attorney and by our attorney both seem very strong.
The various filings by Blanchet, the Archdiocese, the city, and ourselves, including their exhibits, are too extensive to post on here:  they total apx. 68MB (2 ½” of paper).
The next step is for Blanchet and the Archdiocese to file their reply Jan. 21.  February will possibly see some more filings.  It is unlikely to have a decision prior to mid March … possibly later.
Will the outcome be appealed to federal Circuit Court (the next step below Supreme Court)?  We can’t know right now.  But there is the potential that either the Archdiocese or the City could appeal, depending which of the two wins or loses.  Any such appeal, if it were to occur, would possibly take a year.