Carroll County Circuit Judge Scott Jackson has granted a motion asking him to postpone a scheduled trial date on Feb. 16 in a Eureka Springs business owner’s lawsuit against the city.

In an order filed Friday, Jan. 19, Jackson granted the motion filed by Arkansas Municipal League attorney Sara Monoghan, who is representing the city in the suit filed by Fort Smith attorney Whitfield Hyman on behalf of Eureka Gun LLC and owner Keeling Grubb.

Monoghan cited scheduling conflicts in seeking a continuance of the Feb. 16 trial date. Instead she asked that a Zoom meeting be held on that date on her motion to dismiss the complaint, a request that Jackson also granted in his Jan. 19 order.

On Jan. 29, Hyman filed a motion seeking partial summary judgment in the case. In that motion, Hyman asked Jackson to rule that it was illegal for the city to issue Grubb a business license and then restrain him from buying, selling or pawning firearms.

Hyman filed the suit on July 11, 2023, after the Eureka Springs City Council voted June 12 to deny Grubb’s application for a Conditional Use Permit to operate a gun and pawn shop inside the city limits. Grubb had appealed to the city council after a vote by the Eureka Springs Planning Commission on his application resulted in a 3-3 stalemate.

Monaghan filed a motion on Nov. 29 asking Jackson to dismiss the suit.