Case dropped on rezoning for drug treatment facility

By Racey Burden | Published Saturday, November 11, 2017

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Timothy Godwin dropped his efforts to stop the city of Aurora from approving any zoning ordinance changes in regards to a proposed drug rehabilitation facility last week.

Godwin filed the petition for a temporary restraining order in July in Wise County’s 271st District Court. It called for a temporary and permanent injunction against the city of Aurora, the council, its land use and planning department and City Administrator Toni Wheeler.

Godwin alleged that the council’s approval of a special use permit for Milrose Capital LLC, the company that wanted to buy MD Resort and turn it into a drug treatment facility, was “predicated on false and outright fraudulent information.”

Attorneys for the city filed an answer to the suit in August, denying all of Godwin’s allegations and demanding proof of his claims.

Godwin filed a notice of non-suit with prejudice Nov. 2, dismissing the case, which was scheduled for a hearing this past Monday.

“Once you look at all the details, there was really no basis anymore,” Godwin said. “They followed all the rules and did what they were supposed to do.

“It was just one of those things where the gain versus the effort wasn’t there.”

The city council voted to approve a special use permit for Milrose Capitol Sept. 7, and the city has not held any council meetings since that date.

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