While the county court has already dismissed the case, that affidavit could give it reason to be reopened.
Crandley and Molitor argue those claims are conjecture and should have been mentioned in the original suit. And if they are enough to reopen the case, they say Brugh should be dismissed as Kitchell's counsel after having made himself a witness in the case.
Molitor said that allegation will not be heard at the Supreme Court this fall, as the only arguments the court will accept are those that have already been filed with the court itself and the court of appeals.
Franklin said the city will continue to pursue the reimbursement of its attorneys' fees from Kitchell, which he estimates to total around $75,000 after the case is decided.
Molitor said he anticipates the supreme court will come to a decision by the end of the year.
"It would surprise me if we don't get a ruling by the end of the year," he said. "It could be a couple weeks, it could be Thanksgiving."
Mitchell Kirk is a staff reporter at the Pharos-Tribune. He can be reached at 574-732-5130 or email@example.com.