Plymouth City Attorney Sean Surrisi updated members of the Plymouth Redevelopment Commission Tuesday evening of the court decision February 16th concerning a lawsuit against Rick Miller pertaining to the Aquatic Center.
Surrisi said, “The Mayor and I attended a court hearing on behalf of Marshall County Health and Wellness, the primary leasing entity of the facility who has a lawsuit pending against Rick Miller.”
The topic of the court hearing Tuesday was Mr. Miller’s motion to reconsider the entry of a default judgment against him.
Surrisi said the court did grant him the motion to reconsider and set aside the default judgement which allows Mr. Miller’s attorneys twenty days to file an answer or other responsive pleading to the complaint.
Marshall County Health and Wellness will proceed with litigation of the complaint and try to move it toward a judgement on the merits.
Marshall County Health and Wellness had a contract with Mr. Miller to operate the Aquatic Center. Miller did not fulfill his agreement and walked away from the pool prior to it beginning full operations. These actions have caused financial hardship on the aquatic center.
During the meeting Surrisi also commented that the City Council will conduct a public hearing for an additional appropriation of $150,000 on Monday, February 22nd at 6:30 p.m. The additional appropriation will allow the pool to continue operating through the end of the year while the city, school and college look for a long-term solution. The meeting will be held in the second-floor council chambers of City Hall. Those attending should enter through the Garro Street door with a face mask and social distance.
