Reconsideration of Bryan ruling sought

A motion filed Nov. 28 on behalf of the Town of Rosalia in superior court seeks reconsideration of a court ruling in favor of Josh Bryan in his suit against the town. In a partial summary judgment Nov. 16 the court ruled Rosalia breached a licensing agreement it had made with Bryan for production of the now defunct “100 Years of Motorcycles” rally in Rosalia.

The suit was filed by Bryan against Rosalia, the Rosalia Chamber of Commerce and others after officials ended his link with the rallies after the 2007 event. In its Nov. 16 decision, the court ruled the Town of Rosalia had breached the licensing agreement which was made in February of 2007.

Spokane attorney Steven Lamberson’s motion contends the town’s Sept. 14, 2007, termination letter to Bryan, which was the basis of the court ruling, was unneeded because Bryan’s performance during production of the 2007 rally in August had already nullified the licensing agreement. It contends Bryan, in effect, no longer had a licensing agreement at the time the town issued its termination letter.

The motion notes the city dropped Bryan because he allegedly failed to provide the required number of garbage receptacles and pay the agreed sum due for ticket sales from the 2007 rally.

The court also ruled Nov. 16 that issues of fact on the number of tickets sold remain to be determined at trial. Also the amount of damages sustained by Bryan remains to be determined at trial.

Lamberson’s motion included a notice for a hearing Dec. 16.