HJTA attorneys continue to make progress in the tedious and time-consuming process of filtering and cataloging thousands of pages of public records documenting how the State spends the money generated by the fire prevention fee.
Although it is too early to know for sure, we hope these public records alone will be sufficient to prove our case. That would make a lengthy and expensive trial unnecessary. We could instead file what’s called a Motion For Summary Judgment.
Such a motion is appropriate when the facts of the case are not reasonably disputable and the only question for the court to decide is whether the law supports the plaintiff or the defendant.
If the public records clearly show, as we contend, that funds from the fire prevention fee are being spent on programs that benefit the general public rather than services provided directly to fee payers, this case could be wrapped up in the trial court next year through a Motion For Summary Judgment.