A law firm representing Limestone County Commission Chairman Mark Yarbrough on Wednesday filed a motion to dismiss a civil lawsuit filed by two ousted Limestone County Water & Sewer Authority employees.

Attorney Hope Curtis Hicks of Montgomery-based Webb & Eley P.C., filed the motion to dismiss all claims stated in the lawsuit, filed Nov. 2 by former LCWSA General Manager Byron Cook and Assistant Manager Greg Holland. She states the case against Yarbrough should be dismissed because he was sued in his individual capacity and he therefore has no employment relationship with Cook or Holland as an individual.

Hicks had already asked the court to dismiss one of the lawsuits seven counts — violation of the Open Meetings Act. The lawsuit claims Yarbrough; LCWSA Board Chairman Jim Moffatt; board members Mike Hardaway, John Farrar, Ty Smith and Johnny Hatchett; and the LCWSA’s two attorneys, Mike Cole and Mark Maclin violated the Alabama Open Meetings Act by holding secret meetings between September and October 2016.

Moffatt, Hardaway, Farrar, Smith, Hatchett, Cole and Maclin are also named as defendants in the lawsuit.

Yarbrough’s motion to dismiss says Cook and Holland have failed to state a claim on each count in the lawsuit. Those other counts include violations of the Alabama Ethics Law, civil conspiracy, violation of constitutional rights under Section 1983, intentional infliction of emotional distress, willful or wanton conduct and interference with contractual relations.

About the lawsuit

Cook and Holland claim they were wrongfully fired after filing an ethics complaint against Yarbrough allegedly influencing the hiring of his son, Ben, and for violating the state’s open meetings law by holding secret meetings.

The suit claims Yarbrough allegedly pressured the board to fire Holland first for questioning whether the son’s hiring was ethical and later for downgrading what he believed to be an inaccurate job review that could have put Ben in line for a raise.

The lawsuit claims Cook was fired for allegedly refusing to fire Holland. Board Chairman Jim Moffatt initially told The New Courier both men and two other employees were fired as a cost-cutting measure.