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An attorney for the county says council cannot rescind its vote to demolish the Greek Café building in Butte.

Butte-Silver Bow County Attorney Eileen Joyce is preparing information to help the council of commissioners respond to requests to rescind their vote for demolition.

Joyce said the city-county doesn't have a rule or law about motions to rescind, so she's turned to a parliamentary authority known as Mason's Manual. Joyce says, according to this manual, when an authorized act has been carried out it can't be rescinded.

Since a demolition contract has already been signed and ratified with a construction company, Joyce says that is a form of carrying out the act and this means council cannot rescind the demolition vote.

Joyce says attorney Susan Callaghan, who wrote one of the letters to council on behalf of the owners of Uptown Works and Butte Urban Safari Tours, may still argue that the vote to demolish the building should be void. Joyce says Callaghan states in her letter that she believes the councils demolition vote on August 17th is invalid because the communication that prompted the vote did not give any notice that commissioners could be considering demolition. Her letter goes on to state that because she thinks that vote is invalid the vote on September 7th to enter into a contract for demolition is also invalid. Joyce argues that the vote was valid because the letter that prompted the vote did state to "go ahead with demolition or pursue other options." Joyce says demoltion is another option.

Joyce says she will be giving all of this information to commissioners to use while discussing the requests to rescind during Wednesdays meeting. Council of Commissioners will meet Wednesday evening at 7:30 p.m. in the courthouse.