Opp files motion to dismiss home appeal
Published 12:00 am Thursday, February 26, 2015
The City of Opp has filed a motion to dismiss the appeal of a man who has asked the court to allow him to keep the home he’s lived in “off and on since he was 10.”
Circuit Clerk officials said the judge hasn’t ruled on the matter yet, but city officials are citing that the property owners don’t have the grounds to appeal the abatement.
Circuit Judge Ashley McKathan gave Jerry McCormick and the owners of the 402 Charles St. home 30 days to retain an attorney to represent them in this appeal on Feb. 11. They also are required to pay the cost bond for the case.
McCormick is asking for injunctive relief after the Opp City Council voted in January to tear down the house, after McCormick failed to present a plan of action for repairing the home.
McKathan entered an order that prohibits the city from tearing down the home and the owners from making improvements to the home without a written plan agreed upon by both parties, or permission from the court, until the next hearing.
A docket released to the Star-News shows the hearing is set for Tues., March 3.