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Thursday, June 30, 2011

Salisbury’s WWTP Lawsuit Has Hearing This Morning

More than two years have elapsed since it dawned on the City that the multimillion dollar "upgrade" of the waste water treatment plant does not work properly. During most of that period the Salisbury's litigation against the design engineering firm of OBrien & Gere has been pending - first in the Wicomico County Circuit Court, then in federal court in Baltimore, and now in the Circuit Court once again. To date, there has been no trial, and very little other action in a courtroom; but that may change on June 30 when a judge in the Circuit Court will consider OBrien & Gere's motion to dismiss most of the city’s complaint against them. The hearing is scheduled for 9 A.M.

If the Court throws out those charges it would be a major victory for OBrien & Gere.  If the Court denies the motion the City still must persuade a jury that it was wronged in order to prevail. In any event, this hearing (and the various pleadings) may provide a close look at the evidence and positions of the parties to the fight.

Because each side has multiple attorneys, their total legal fees during the hearing may reach several thousand dollars per hour.

Tacitus is a Salisbury resident and frequent contributor to SbyNEWS.

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