Salina City Commissioners will hold a special meeting Wednesday morning to discuss legal considerations related to the Cozy Inn vs. City of Salina case, with the meeting expected to move into executive session immediately after the roll call. The commissioners plan to return to open session after the executive session ends, with possible action to follow, according to NewsRadio 1150 KSAL.
The move comes after Monday’s regularly scheduled meeting, when commissioners also convened in executive session on the same issue and then adjourned without comment. At Monday’s meeting, Commissioner Doug Rempp made a motion to drop the city’s involvement in the litigation, but the motion died for lack of a second.
A judge previously ruled in the city’s favor in part, finding Salina’s sign ordinance was not impermissibly vague and granting summary judgment on Cozy’s Fourteenth Amendment equal protection claim. The case also involves due process considerations, and the parties agreed to an appeal seeking further clarity—particularly around the constitutional definition of a sign.
While the appeal proceeds, the Cozy was permitted to finish the mural, with the understanding that changes may be required depending on the outcome. If the appeal results in a decision favoring the city, compliance would be required within 180 days. The parties also agreed to waive their rights to recoup attorney fees; the Kansas Justice Institute had sought $100,000, and the agreed cost of the appeal was not expected to exceed $70,000. The appeal process is anticipated to take 18 to 24 months, and the special meeting is set for 9:00 a.m. in the Salina City-County Building Room 107.