Judge Sellers ruled. Here is MY summary of the trial.
- Judge had no questions for the two parties
- Thank both parties for well written briefs.
- Cimmaron court case is still in effect.
- It has not been overturned, reversed in Okla.
- Therefore Summary Motion for EOP is affirmed
- And summary motion for Kirk is denied
- If ruled on Hierarchical Principals - EOP/PCUSA wins
- If ruled on Neutral Principals - ???? wins
Presbyterian Outlook heard this as EOP wins?
Can someone that was also there or has the transcript verify?
The judge of course used legalize: Defendant/Plaintiff
- Ruling delayed 20 days - for appeal, writing journal entry, and negotiations by each party
- Kirk asked for court date if issues can not be resolved.
Impressions of the court case:
Kirk had about 70 people, 3 lawyers, Tom and Wayne were in the spectators seats.
EOP had 2 lawyers and PCUSA 1 lawyer and someone else. The Executive Presbytery was there along with 2 other people.
Court opened at 1:15, they had 5 pews of 8 people each and 5 chairs, there were 13 people standing, and 10 people waiting in the hall. They finally people sit in the Juror box and the extra side chairs by the EOP side. The Judge entered at 1:33 and concluded at about 1:50
Hearing set for Sept 18, 2008, 3:30pm for Supersedeas Bond and Settlement of Journal Entry.
A Supersedeas bond is a type of surety bond that a court requires from an appellant who wants to delay payment of a judgment until the appeal is over.
My independent legal counsel is very confident that Kirk will win on appeal. He thinks Judge Sellers, took the easy way out (90% of the judges would), and passed the buck to the appeals court.
I wish I knew what EOP offered to settle that Kirk turned down. My guess would be 10% of the property value plus back per-capita