Attorneys for two men being sued in civil court by a Limestone County Water & Sewer Authority employee, who is also the son of Limestone County Commission Chairman Mark Yarbrough, say the case should be dismissed.

Former Limestone County Water & Sewer Authority General Manager Byron Cook and Assistant General Manager are being sued by Benjamin “Ben” Yarbrough on the basis that information released as part of a previously filed lawsuit hurt his reputation. He is seeking a jury trial and monetary damages.

The released information is part of a seven-count civil lawsuit filed Nov. 2 by Cook and Holland against Mark Yarbrough, all five members of the LCWSA board of directors and LCWSA attorneys Mike Cole and Mark Maclin.

Yarbrough’s suit claims the actions of Cook and Holland were “willful in nature” and “beyond all bounds of decency.” He believes his reputation was damaged by the assertion in Cook and Holland’s filing that Yarbrough was hired by LCWSA “in spite of a criminal background check that would have likely prevented hire of a similarly situated applicant.”

The motion to dismiss reasserts Ben Yarbrough was hired despite a recent felony arrest for unlawful possession of a controlled substance, driving under the influence of a controlled substance and reckless driving.

Cook and Holland’s original suit claims Mark Yarbrough violated state ethics law, using his public position to get his son hired and promoted. The suit states Cook was approached by Mark Yarbrough’s wife, Gina Yarbrough, about finding a job for her son at LCWSA on the night Mark Yarbrough won the Republican primary. Because he faced no opposition in the November 2014 general election, he became the chairman-elect.

The motion to dismiss states Ben Yarbrough “would not have been employed by the LCWSA but for his father’s unlawful conduct,” referring to the alleged ethics law violation. “Further, the plaintiff likely would not still be employed by the LCWSA but for his father’s unlawful conduct.”

Personnel file

Ben Yarbrough’s lawsuit claims that the release of his personnel file as part of that previous lawsuit constituted an invasion of privacy. His suit also claims Cook and Holland removed Yarbrough’s personnel file from a locked storage cabinet at the LCWSA. That file was included in the plaintiffs’ lawsuit, which was published online by some North Alabama media outlets.

Cook and Holland’s attorneys have said because Yarbrough is an employee at a public utility, his personnel file is public record.

The original lawsuit claims Mark Yarbrough ordered Cook and Holland’s firing because Yarbrough was angry at Holland for downgrading Ben Yarbrough’s job review. And, because Mark Yarbrough was angry that Cook would not fire Holland for doing so.

The original performance appraisal was completed by GIS Manager Brent Brown, described in the motion to dismiss as “a close, personal friend” of Mark Yarbrough. That evaluation was later revised to “more accurately reflect Plaintiff’s attendance during the previous year,” the motion states.

The motion’s conclusion states language stated in the original lawsuit are relevant to the claims and that Yarbrough has no “set of facts under which (he) can recover against Cook and Holland in this case.”

Ben Yarbrough is being represented by Wayne Wolfe and Zachary Guyse of Huntsville-based law firm Wolfe, Jones, Wolfe, Hancock, Daniel & South, LLC. Cook and Holland are represented by Jasper-based Sewall Sewall McMillan LLC.