RUSTON LOSES

Steve Fabre v. Town of Ruston June 24, 2011 1:30pm room 822 Judge Edmund Murphy: Motion to Dismiss
The former Mayor Council skate today. Dismissed from case.
Ruston not so lucky trial will go on for negligence, tortious interference, post Cuthbertson and 1253. Damages will be assessed at trial on NINE MILLION DOLLAR CLAIM.
They just could not leave well enough alone and poked the sleeping dog thinking it was a dead horse.
The judge held that Ruston Mayor/Council had legislative immunity dismissing all claims against individual defendants.

Res judicata or res iudicata (RJ), also known as claim preclusion, is the Latin term for "a matter [already] judged",

Res judicata claim by defendant Town of Ruston dismissed. Cuthbertson (Judge) dismissed claim. Ruston took no action to enforce new claims or actions.
Plaintiff res judicata upheld.
Grant each partially. No action on after Cuthbertson not repealed until December 10. Only Ruston argument.
Town shifted to Social Card games after declatory decision.
Summation of discretionary acts followed.

Claim for damages will go forward.

Plaintiff conversion, estoppel, abusive process dismissed.
Negligence, tortious interference will continue to trial.

My take is that the Town of Ruston should of quit when they were ahead. But the present council pressed on with Social card games then changing to house banked social card games in their haste to close the Point Defiance Cafe and Casino and its house banked card games including an illegal referendum.

The Casino and Steve Fabre may be made whole again but the damage to 35-40 employees and their lives cannot be repaired.

When you go "all in" with your credit card bad days are ahead. How bad will be decided on 06/04/2012 DEPT 09 - JUDGE MURPHY (Rm. 822 ) Confirmed 9:00 Trial (5 days).

Stay tuned for happenings along the way. CLERK'S MINUTE ENTRY will be posted when available.
One less law firm to pay but still legal bills will be substantial. A claim settlement is a definite possibility.
AWC, Association of Washington Cities, must be stone deaf not to pay attention to these thundering claims and lawsuits they have to pony up for.

Town of Ruston officials:
Mayor, Bruce Hopkins
Council, Bradley Huson, Jim Hedrick, Deborah Kristovich, Lyle Hardin, Jane Hunt

FABRE VS. RUSTON

Steve Fabre V. Town of Ruston

Decision tomorrow June 24, 2011 Judge Edmund Murphy room 822 1:30pm County City building 8th floor.

Took notes but mainly legalese some judge Edmund Murphy's comments here as best as I could write them down. Not literal but my notes.
0)Services and claims notice not responded to.
1)Issues as covered by this motion such as Public Immunity addressed today. Find good reason to continue Summary Judgment motion, opportunity for discovery.
2)July 7 statute starts to run.
3)to Rosen: What do you mean.
4)Almost like amicus brief or advocate for Mr. Fabre. Court must make judgment. Not going to strike Miller declaration even though full of opinion.
5)Mr. Fabre attached declaration.
.Defense has relied on same defenses.
.Respond to each Fabre issue.
.Globally or directed by court.
.Actual factual statements.
6)(Stella) Same as Miller. You are giving it weight in response to Summary Judgment motion. Motion to strike positions, opinions, conclusions, his interpretations agree with defendants not fact but opinion. Grant motion to strike part of declaration but not strike attachments, exhibits attached to declaration.
7)(Mell) Strictly construed. (He is licensee)
8)2:55 pm 10 minute break.
9)(Underwood) After Cuthbertson ordinance was repealed. What was going on?
10)Except Mr. Fabre has closed down certain parts of business. February 15 to appeal.
11)Damages not adjudicated in previous trial.
12)(Rosen)Police should pencil out much money needed, ministerial action.
13)Individual motions by defendants.
14)Jennifer Underwood gets last word.
15)Thanks everybody. No decision today. Think about arguments date to come back. Parties available afternoon of 24th Friday. Decision then.
Ends 4:15 pm.

MOTION TO STRIKE Clerks minute entry:

SLEEPY TIME IN RUSTON

Ruston, WA Regular Council Meeting June 6, 2011 7pm:

Lasted two hours 25 minutes with Executive Session cancelled. Left at 8:06 still on
Agenda item #1 Sewer Bid Award
Main item in Jerry Morrissette's presentation was urgency. Needed to be approved tonight. Notice to contractors 45 days. Costs could triple if we don"t do this now. If we don't do it now must involve Tacoma. Engineer recommends approval.
Passes 4-0.

For more extensive notes from Town of Ruston, WA website click here.
This is Municipal Reference Library then Minutes archived for June 20, 2011 contains June 6 minutes.

Agenda follows:

STAFF MEETING

Staff Meeting Agenda June 6, 2011 3:30pm. New one on me. No minutes available. FYI only.