Less than a week before the Old Y case is set to go to trial there’s been a bombshell decision by Grant County Superior Court III Judge Warren Haas to rule against the City of Marion on two counts.
The first count is that of negligence and the second is a breach of fiduciary duty.
The ruling came after the court’s decision that the two-year statute of limitations had expired.
The city can either choose to proceed with the trial where there remains one count of constructive fraud or appeal Haas’s decision through an appellate court.
Mayor Jess Alumbaugh said the city plans to appeal the decision.
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