The final pre-trial hearing in businessman Alex Fairly’s lawsuit against the City of Amarillo was held this morning. This morning’s “housekeeping” hearing saw the court make several decisions and announcements ahead of Tuesday’s trial over whether or not the city was acting within the bounds of the law when it passed an ordinance to issue anticipation tax notes to fund civic center renovations.

The first major decision during today’s hearing was on a renewed motion made by Fairly’s team for a jury trial. Judge Sowder denied the motion, citing “the expedited nature of this case” and that he feels that there are “only legal issues” in the case instead of factual issues.

Judge Sowder then also ruled against a motion for in camera review of a set of “slightly more than ten” emails requested by Fairly’s team. The motion, made by Fairly’s team, would have allowed a review of the emails, which the city has claimed are protected by attorney-client privilege, in a setting without the public present, so that a determination could be made regarding evidentiary value. Judge Sowder likened the request to “a fishing expedition.”

The city requested Judge Sowder to instruct the parties to not confront witnesses with allegations regarding deficient compliance with discovery. Sowder Denied the request. Judge Sowder also did not give instructions regarding limitations on opening and closing statements or questioning of witnesses, noting that, thus far, both legal teams “have done an excellent job.”

Fairly’s legal team also urged Judge Sowder to watch the May 24th Amarillo City Council meeting (during which the council approved the tax notes in question) ahead of the trial.

The trial is scheduled to begin Tuesday morning at 9:00 am at the Potter County District Courthouse. While the trial is tentatively scheduled for just Tuesday and Wednesday, all parties expressed being open to extending the time if doing so becomes necessary. The trial will be in person and will also be streamed live on YouTube.