Pedigo v. Flattop Mountain Landowners' Ass'n

By Judge Daniel R. Bouton

The court has had an opportunity to review the written arguments that have been submitted in connection with the plea in bar filed by the defendant. The court has also studied the pleadings and given further consideration to the rulings that were made on the demurrer and the motion craving oyer. At this point, the court finds itself in an unusual position in that it does not agree with either party about the procedural status of the case. Specifically, the court does not find that it should rule at this stage of the proceedings on whether the plea in bar constitutes…