By Will Pafford, Staff Writer

A district judge ruled on Feb. 19 that a lawsuit between a Rollingwood resident and the city no longer involves a controversy that the court can decide.

Judge Rhonda Hurley ruled on the suit in which resident Pam Opiela sought to prevent the Rollingwood Community Development Corporation from spending funds on the parking lot at Gentry Drive until her petition was honored and an election was held. 

Hurley said the city had already taken the project and RCDC funds were not used, so her decision on the suit would have no practical effect. 

Michael Shaunessy, the attorney representing Rollingwood, cited previous cases where judges ruled that a plaintiff must have an active controversy in every stage of the court proceedings to have legal standing. 

Shaunessy said RCDC funds were not used and the parking lot is already under construction, so Hurley’s declaration would have no real-world application. 

Cory Smith, Opiela’s attorney, said the RCDC could change its mind in the future and decide to use its funds for the        parking lot, or reimburse the city for the parking lot, which would create a controversy.   

Shaunessy said although those actions would create a conflict in the future, Opiela and the RCDC currently have no contention on which the judge can decide.

“It cannot be speculative,” he said. 

Hurley said until the RCDC uses its funds to pay for the Gentry parking lot or reimburses the city for the parking lot, there is no conflict for the courts to resolve. 

“To me, it seems premature,” she said. 

Opiela also sought attorneys’ fees from the city, but Hurley denied the request, essentially ruling that both parties had acted in good faith and had cases supported by law.