Bryan responds to Rosalia motion

A response to the town of Rosalia’s motion for a reconsideration in the motorcycle rally suit by Josh Bryan was filed in court Friday by Bryan’s attorneys. The response urges the court to reject the motion and stand by its earlier ruling that Rosalia breached a licensing agreement it had made with Bryan. The multi-year agreement was for production of the now defunct “100 Years of Motorcycles” rallies. The town terminated Bryan as rally organizer after the 2007 event.

Bryan’s response Friday states the town breached the agreement because it failed to meet with Bryan, as required under terms of the agreement, before terminating him. It cites prior testimony by former Mayor Ken Jacobs in which he said the town didn’t even make an effort to contact Bryan before terminating him.

The court made that ruling in a partial summary judgment Nov. 16. Attorneys for the town have since contended Bryan’s licensing agreement with Rosalia ended when he allegedly failed to follow terms of the agreement during the production of the rally.

Reasons for the termination include Bryan’s failure to provide the required number of garbage receptacles and pay an agreed share from ticket sales. Bryan’s attorneys contend the town has never provided evidence that it sustained any damage from the alleged shortage of receptacles. The court has also ruled the dispute over ticket sales involves factual issues which will have to be determined at trial.

A Dec. 16 hearing has been set on the motion and counter motion.