LCWSA LAWSUIT: First hearing set for April 19

Published 6:30 am Thursday, March 2, 2017

Parties in a seven-count civil lawsuit filed by two ousted Limestone County Water & Sewer Authority managers are set to appear at a initial hearing next month.

Circuit Judge William E. Hereford, who was appointed to hear the case, will hear all pending motions at 10 a.m. Wednesday, April 19, at the Limestone County Courthouse. Hereford, who was a judge in St. Clair County, was appointed after all Limestone County’s judges recused themselves.

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Former LCWSA General Manager Byron Cook and Assistant General Manager Greg Holland filed suit Nov. 2 against Limestone County Commission Chairman Mark Yarbrough, LCWSA Board Chairman Jim Moffatt and members Mike Hardaway, John Farrar, Ty Smith and Johnny Hatchett. LCWSA attorneys Mike Cole and Mark Maclin are also named.

Cook and Holland claim the defendants conspired to fire the men on Oct. 27. Specifically, they claim Yarbrough ordered Cook and Holland’s firing because Yarbrough was angry at Holland for downgrading the job review of his son, Ben Yarbrough, a LCWSA employee. And, because Yarbrough was angry that Cook would not fire Holland for doing so.

The suit claims Yarbrough violated state ethics laws, using his public position to get his son hired and promoted. The suit also claims the LCWSA board violated the state’s open meetings law by holding secret meetings.

Ben Yarbrough filed a civil lawsuit in December against Cook and Holland, claiming his reputation was damaged by language in the original lawsuit and by the public release of his personnel file. Attorneys for Cook and Holland have argued that because Ben Yarbrough is an employee of a public utility, his personnel file is public record.

Attorneys for Cook and Holland filed a motion in January to dismiss Yarbrough’s suit. Court records show there are no upcoming hearings in that case.