Hearing today in LCWSA lawsuit
Published 6:00 am Friday, June 9, 2017
A proceeding to hear pending motions in the ongoing civil lawsuit filed by two ousted employees of the Limestone County Water & Sewer Authority is scheduled for 10 a.m. today at the Limestone County Courthouse.
It will be the first hearing since April 19, when appointed Senior Circuit Judge William E. “Billy” Hereford told attorneys on both sides he would need time to get better acquainted with the case. He cited the need to catch up on the “fairly lengthy complaint” as a factor in his decision to issue a stay of discovery on a request for production by the plaintiffs’ attorneys.
Former LCWSA General Manager Byron Cook and former Assistant General Manager Greg Holland are suing 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.
An amended complaint filed shortly before the April hearing substituted in water board member Richard Robinson for Mike Hardaway because Hardaway rolled off the board in March. Hardaway is still named as a defendant in an individual capacity while Robinson is a defendant in an official capacity.
Cook and Holland claim the defendants conspired to fire the men on Oct. 27, 2016. Specifically, they claim Yarbrough ordered Cook’s and Holland’s firing because Yarbrough was angry at Holland for downgrading the job review of his son, Ben Yarbrough, a LCWSA employee. They also claim Yarbrough was angry that Cook would not fire Holland for doing so.
Since that hearing, there have been motions filed on both sides — defendants’ request for dismissal and plaintiffs’ responses to those requests. A law firm representing the LCWSA board, Bradley Arant Boult Cummings, also withdrew from the case.
The LCWSA began paying the law firm with ratepayer funds in November despite the fact the board never approved hiring the firm in a public meeting. It publicly hired the firm in February.
Board Chairman Jim Moffatt said Bradley Arant Boult Cummings withdrew simply to avoid a duplication of services with Porterfield, Harper, Mills, Motlow & Ireland, the firm representing the LCWSA’s insurance company.
He said the outgoing law firm would stay in touch with the remaining team and could get involved in the case again if the need arises.