The Emerging Challenges For Choosing Elements For
The council voted to authorized Myers to negotiate a purchase and sales agreement with Irwin. Blizzard requested reconsideration of the decision to sell to Irwin, and the council voted in July 2013 to affirm its earlier decision. In asking the court to intervene, Blizzard alleged that the City Council did not specify the process for the sale of the property; that the city manager acted outside his authority in seeking highest and best offers; that the letter Myers sent soliciting bids was confusing; and that the city ignored Blizzard’s right of first refusal. Attorney Walter Mitchell, representing the city, asserted that the council specified a process for solicitation of offers from Blizzard and Irwin, and that Myers acted as authorized by the council. In asking the judge to find in the city’s favor, Mitchell also argued that Myers’ letter was “perfectly clear” and denied that Blizzard had right of first refusal to buy the property at the end of its lease. Blizzard’s lawyer, Biron Bedard of Concord, wrote that his client was not trying to deprive the city of the $200,000 difference between the two offers, but was only seeking fairness to which she is entitled under law. Blizzard was willing and able to match Irwin’s offer. The crux of the litigation is Blizzard’s belief that during a September 2005 meeting, the City Council granted her the right of first refusal if the property were ever to be sold. With knowledge of the right of first refusal, Blizzard believed she would have the option to meet any sale price authorized by the council, but the city disputed that claim. In September 2016, Judge James D. O’Neill approved an assented-to motion to stay further action on the case.
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