Judge Rejects County’s Efforts to Exclude Evidence From the Missing Middle Housing/Expanded Housing Options (EHO) Trial
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Plaintiffs’ Opening Statement: County Underestimated the Pace of Growth of EHO Development – Kept Facts From the Public
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Today’s proceedings in the EHO case began with Judge David Schell’s ruling in favor of the plaintiffs suing the County to allow the deposition testimony of the County’s only retained expert on EHO, Partners for Economic Solutions (PES) to be offered at trial.
The Judge stated that he granted the County Board’s motion last week to exclude this evidence because he had the impression, based on representations by the County’s attorney, that the witness left during the deposition and could not be cross-examined. He continued that now having reviewed the deposition transcript, his impression was incorrect. The Judge noted that the County’s attorney asked questions of the witness during the deposition and then stated that he had no further questions.
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