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Hearing postponed in Agelasto case

Jeremy M. Lazarus | 7/19/2019, 6 a.m.
Henry W. “Chuck” Richardson and his attorney, David Prince, were ready for a legal fight in Richmond Circuit Court.

Henry W. “Chuck” Richardson and his attorney, David Prince, were ready for a legal fight in Richmond Circuit Court.

They showed up early last Friday for a long scheduled showdown with 5th District City Councilman Parker C. Agelasto over their request for a declaratory judgment that he had vacated his seat after moving into a home outside of the district he represents.

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Mr. Agelasto

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Mr. Richardson

But the showdown never happened.

Instead, Mr. Prince and Mr. Richardson learned that Judge William R. Marchant, who had been assigned the case, would not be available for the hearing that had been scheduled since May.

Mr. Prince said he never received a notice from the court or Mr. Agelasto’s attorney, Anthony F. “Tony” Troy, who had sought the hearing in a bid to have Mr. Richardson’s lawsuit thrown out.

Mr. Troy confirmed that he had received an email from Judge Marchant’s office notifying him of the cancellation and asking for alternative dates. He said he was surprised that Mr. Prince had not been notified.

The bottom line: The hearing will wait until Judge Marchant schedules a new date. Meanwhile, Mr. Agelasto will remain in office.