The trick or treat candy was digested long ago, now Comer will have to stomach a rejection of its appeal in the lengthy fight with Tim Seymour over his operation of a Halloween haunted house in the city.
Judges ruled 5-2 to dismiss the city’s appeal of the haunted house, saying it was a dead matter.
“Seymour last operated the haunted house on Oct. 31, 2007,” wrote Justice Robert Benham. “Therefore, the activity sought to be enjoined has already ceased. Any determination this Court would make regarding the trial court’s denial of the injunction would be an abstract exercise unrelated to any existing facts.”
Justice Harold Melton disagreed.
“…Dismissal is inappropriate in this case, as it will serve only to ensure that the underlying issues in this case may recur in perpetuitity while constantly evading substantive review,” wrote Melton in the dissent.
Seymour said Monday that a lot of kids are looking forward to his haunted house in Comer again this year. But his plans are buried under whether or not he will need to fight city hall again.
“I would like to simply buy a permit (from the city) and have it again this year, without a hassle,” Seymour said.
He said he’s spent a “heck of a lot of money” just to defend his right to have it, and he’s sure the city has spent “thousands” to try to fight it.
He said he’d like to operate the house again this October, and if he does he plans to donate the money from its operation once again to charity.