They amended it to get around the Judges "With Prejudice" ruling, but it will just be thrown out again....
It's actually very confusing. The original appeal was only on the Leave of Amendment, where the judge ruled he wasn't going to let them amend their arguments again. Remember, they already did amend their argument once, when Rudy came on, and threw out a whole bunch of stuff. Then when they went to court, they tried claiming they still wanted to be able to add them back in, and the judge was like, no. So they appealed.
But that was all they appealed. The most significant thing they didn't appeal was the ruling that they didn't actually have standing to bring the case in the first place. So they put in an amended appeal that said, "this doesn't mean we aren't appealing the other stuff, too."
The county has responded with, that's not how it works. If you want to appeal the ruling, appeal the thing. You can't appeal bits and pieces at different times. If you don't appeal the finding of fact now, you can't come back and do it later.
This is just them throwing everything at the wall until something sticks. How about this? NO. Well what if we claim this? NO. But what about this? NO
Keep trying that until you get a yes. The case is never done.
Next try that with the appeal.
It's desperation, and not a good legal strategy (why wouldn't you bring your best argument forward first?)