Judge rules for city, against Mabrys

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By Rich Bauer, Managing Editor

A judge has ruled in favor of the city of Vandalia in the case involving the operation of a restaurant on Vandalia Lake.

Judge James Roberts filed on Friday his order, in which he states, “The sole issue for determination by this court as to the motion to dismiss (the city’s complaint for declaratory judgment) is whether (the) plaintiff (city of Vandalia) has established a basis for an extension of its extraterritorial jurisdiction to permit the court to even consider those evidentiary issues and plaintiff’s request for relief.

"In that regard, this court finds that the plaintiff has alleged sufficient facts to establish a basis to subject this real estate, whcih is admittedly outside the corporate limits of the city of Vandalia, to the exercise and discretion of said extraterritorial authority of the city of Vandalia, both by statutory provision and by further negotiation and agreement of defendants' predecessors in title and the city of Vandalia.

Roberts states in his order that he was not making “any ruling or suggestion as to the ultimate issue of relief … pertaining to Zone 1 Single-Family Residences and whether (the) defendants (Steven and Latisha Mabry, Debra Hamel and James Richard Myers) are in violation thereof.”

The complete ruling will appear in this week’s issue of The Leader-Union.