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City files motion to dismiss emails case against Texas Attorney General

MGN-Online
Thursday, September 19, 2013 - 9:52pm

The city of El Paso has filed a motion to dismiss its email case against the Texas Attorney General. The city sued Greg Abbott last year after he ruled city officials needed to make emails sent from private accounts public if they pertained to city business. It all stems from an open record request by El Paso lawyer Stephanie Townsend Allala to obtain letters, notes, and other correspondence between council representatives and the mayor in regards to plans for a Triple A baseball stadium.

The city says it has now released all those emails, making the case moot, but Townsend Allala is far from satisfied. She now wants those officials to swear under oath that all emails were handed over.

"Why are they so reluctant to simply sit down in a deposition and be sworn in and answer questions about what records they had, what happened to them, and whether or not they've handed them all over?" asked her lawyer Bill Aleshire in an interview with Newschannel 9. "Former City Rep. Steve Ortega has said publicly he has public records and he's not going to turn them over. I will tell you around 2:45 this afternoon he was served with a notice of subpoena," he added.

A judge was set to hear arguments Thursday afternoon to determine whether Townsend Allala can take depositions, but the hearing was rescheduled for September 30th. Ortega told Newschannel 9 Wednesday he will hand over emails if ordered by a judge.

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