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Thursday, September 25, 2014

Foxley Farm case moving to appellate court review

In an 11-page opinion and order, Feliciani said that “Margaret S. Nied believed that Ligonier Township would take political action after the consent order was signed that would allow weddings to occur on the property.”
“Simply put, Margaret S. Nied made assumptions based upon what she believed to be the political environment in Ligonier Township,” he said. “These assumptions were just that: assumptions, as opposed to misrepresentations of statements of fact. ... The exertion of such pressures did not induce Ms. Nied to enter the contract; rather she (wrongly) accepted as a given that the political climate would change after the consent order was entered. When the time came for Ligonier Township to consider the issues, she turned out to have been mistaken. The idea that one is entitled to rely upon representations, not reduced to writing, as to what might occur in a political climate in entering into a consent agreement is not an idea that is supported in the law.”
Doheny said he anticipates he will file an appeal within the next several days.
“It was a well-written opinion, one that the judge obviously took very seriously,” Doheny said Wednesday. “We do, however, disagree with (Feliciani's) procedural ruling, and we look forward to a review by the appellate court.”

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