Updated Breaking News: City of Jasper Loses Lawsuit

Despite assertions to the contrary, action was taken at last night’s city council meeting. The board approved unanimously to move ahead with an appeal to the recent judgement against the city in this case.

Early this afternoon, Mayor John Weaver gave a statement to FYN regarding the action. “The council came out of closed session last night and voted unanimous to pursue our legal right to appeal,” he said. Weaver also stated that when he’s able to elaborate he will do so. Stay tuned for updates.The city of Jasper was dealt a harsh blow today when a jury decided in favor of a plaintiff regarding storm water damage.

Future Capital Holding Corporation filed suit in November 2009 against the city for approving development plans for an apartment complex and adjacent senior living residences then failing to follow through with their responsibility for providing a proper system to handle rain water. As outlined in the original complaint, the water flows openly onto a portion of “usable” land owned by the management company effectively making it a dumping area. As a result, the suit reported,

“For FCHC to remedy the nuisance itself would require the loss of .46 acres of otherwise usable land and would further require significant investment to solve a problem caused by the Defendants.”

As they had planned to develop the land the alleged the city owes them for the loss of use and future profit, further stating the city receives a benefit by their de facto usage of the property as a detention facility.

In July 2009 FCHC provided written notice of their demand for compensation prior to filing suit. They asked for $208,450.69 plus pre-judgment interest.

The jury decided today against the city in the amount of $219,975 in actual damages, $39,295 interest and $108,096 in attorney fees for the plaintiff. Neither the plaintiff nor Mayor John Weaver were available for comment.

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