Dayton is not suing Johnson

Contrary to rumors making their way around, the City of Dayton did not vote to sue Council Member John Johnson at last night’s meeting.

Instead, based on information the city has suggesting some parts of the infrastructure in in section of Fordland Estates is not in compliance with the terms of its developer’s 380 Agreement with the city, and following a closed-door executive session last night, the city council voted to hire an engineering firm to exam the subdivision’s infrastructure and determine whether, or to what extent, it fails to comply with the terms of the agreement.

The council also voted to hire the law firm of Adams and Reese to handle such matters as might become necessary once the engineers have done their work. That means, the lawyers might issue a notice to cure and handle any followup to that. If Johnson’s company is found to have breached the agreement, a notice to cure gives the company an opportunity to fix the problems and bring the subdivision into compliance.

In the meantime, the council voted to halt payments under the 380 Agreement pending the results of the engineers’ findings and, if needed, the notice to cure.