A Whitman County judge denied a motion Friday to consolidate two lawsuits filed against the city of Clarkston by Connie and George Morrow. The complaints will remain separate and the first one is headed for a hearing April 12 on whether to end the case without a trial.
Last summer, Clarkston attorney Scott Broyles filed a lawsuit against the city on behalf of the Morrows and Gary and Janet Hicks in an attempt to force a referendum that would allow voters to decide whether optional sales tax funding being collected by the city should be allocated to the Asotin County Family Aquatic Center. After 806 people signed a petition on the issue, the city said use of the optional sales tax is not subject to the referendum process.
Whitman County Superior Court Judge David Frazier, who presided over the telephonic hearing Friday, heard arguments from Broyles and Yakima attorney Kenneth Harper, who is representing the city. He denied Broyles' motion to postpone an April summary judgment hearing that would conclude the case without a trial. The judge also denied Broyle's request to delay a May trial date.
The second complaint filed by Broyles last month centers around alleged public records and open meeting violations.
Frazier said consolidation of the two lawsuits is not appropriate in this case.
