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Dayspring sought final approval of the plat that was preliminarily approved on October 23, 2002. A hearing on the petition was held on August 5, 2005. At the hearing, counsel for Little Canada argued that there was presently no final plat before Little Canada for approval. This Court struck Dayspring's Petition for Peremptory Writ of Mandamus pending the updating of the court file and a Rule 16 scheduling conference intended to expedite the disposition of this matter. Following the Rule 16 scheduling conference, this Court issued an Order on August 26, 2005. Consistent with an agreement by counsel, this Court ordered: 1) the parties to meet and discuss compliance with Little Canada's valid conditions; 2) Dayspring to submit a final plat for approval by September 15, 2005; 3) Little Canada to get the final plat approval on the Little Canada City Council's agenda for September 28, 2005; and 4) that a trial date was set for November 14, 2005. The issues for trial were whether Dayspring was in compliance with certain conditions and whether Little Canada proceeded legally in denying Dayspring's application for final plat approval. On September 28, 2005, Little Canada approved the Final Plat submitted by Dayspring. No trial occurred on November 14, 2005. In January, 2006 a court clerk contacted the parties regarding whether a new trial date would be necessary. There was no response by either party and this file was closed. The parties entered into a development contract on May 9, 2006. This matter is presently before this Court on Defendant's Motion to Dismiss, filed December 4, 2006, and Plaintiff's Motion for Summary Judgment, filed December 15, 2006. 5