Judge Dismisses Doughnut Lawsuit

first_img Stay Connected with the Daily Roundup. Sign up for our newsletter and get the best of the Beacon delivered every day to your inbox. On Tuesday, a Flathead County District Court judge dismissed a lawsuit between Whitefish and Flathead County, the latest move in an ongoing dispute over land-use authority in the so-called planning doughnut. Judge Katherine Curtis granted the city and county’s joint summary motion to dismiss their lawsuit against each other, which dates back to 2008. That original lawsuit was filed by Whitefish after county commissioners voted to rescind a 2005 interlocal agreement that outlined jurisdiction in the doughnut. Curtis also denied three separate motions by an existing intervenor and two proposed intervenors. In her ruling, Curtis argued that since the county and city agreed upon a revised interlocal agreement last year, the points raised by both parties and the intervenors in the current lawsuit are moot. “The dispute between the City and County as well as any dispute raised by Intervenors,” Curtis wrote, “all involve and arose solely from the 2005 agreement. That agreement is void and is clearly superseded by the 2010 agreement.” “Any dispute any party may have with the 2010 agreement,” she continued, “must be brought in a separate proceeding.” The future of the 2010 agreement, however, is unclear. In late June, the Flathead County Commission voted unanimously to give Whitefish a one-year notice of termination of the agreement. Also, Whitefish voters in November will decide whether repeal the 2010 agreement. Emaillast_img read more

Reduced charge and sentence for Portsmouth man

first_imgLocalNews Reduced charge and sentence for Portsmouth man by: Dominica Vibes News – June 13, 2015 Share 202 Views   2 comments Share Tweetcenter_img Share Sharing is caring! David St Jean (file photo)David St Jean of Portsmouth, who pleaded guilty to manslaughter, has been sentenced to serve an imprisonment term of thirteen years and three months by Justice Errol Thomas on Friday 12 June 2015.St Jean, who was found guilty by a jury of murdering Clement James of Good Hope in 2012, had this conviction and twenty-five year sentence quashed by the Eastern Caribbean Supreme Court in November 2014. David St Jean reportedly confronted Clement James for looking at him in a sexual manner. This confrontation, on the Indian River Bridge in Portsmouth in September 2010, led to an argument, following which James was stabbed and later died.The Justices of Appeal upheld the appeal filed by St Jean’s attorneys; Bernadette Lambert and Wayne Norde and ordered a retrial on the basis that the trial judge Birnie Stephenson misdirected the jury on excessive force and failed to put the Appellant’s case of self-defense to the jury.Earlier in the January court session, director of public prosecutions Evelina Baptiste reduced David St Jean’s charge to manslaughter, to which he pleaded guilty.At the sentence hearing on Friday 12 June at the High Court in Roseau, St Jean’s attorney Bernadette Lambert told the court that he had made a remarkable turnaround in prison.According to Ms Lambert, St Jean is being used as a motivational speaker for young inmates and that he is willing, if given the opportunity, to apologize to Clement James’ relatives.She informed that St Jean was 21 years old at the time of the incident and has had adequate time during incarceration to reflect on his actions. However, Justice Thomas said this was a senseless murder and the court should show its abhorrence to that kind of behavior.Justice Thomas also said that St Jean needs counselling as to murder someone because he looked at you in a sexual manner is unacceptable.last_img read more