A civil lawsuit against the Nevada County Quorum Court received an official response from county and its Justices, filed August 25, in essence asking the court to dismiss the action.

A civil lawsuit against the Nevada County Quorum Court received an official response from county and its Justices, filed August 25, in essence asking the court to dismiss the action.
Attorney Ralph Ohm, of Hot Springs, acting in the capacity of the Nevada County Court’s defense attorney, filed the response, which also states several times that the Plaintiffs, Donny McGuire and Nicky McGuire, have failed to mitigate damages.
Curiously, however, while asking the court to dismiss the case, the response also says “…award them costs herein expended, including attorney’s fees…”
Donny McGuire and Nicky McGuire, owners of a longtime Nevada County-based auto repair and wrecker service, filed the suit July 24 claiming the Nevada Quorum Court defamed their company after it sold the county a used road grader.
As the Nevada County Picayune was going to early press Friday, in front of the three-day Labor Day weekend, there was no determination on when a ruling on the case would be issued.  Although both the lawsuit and response were filed in Nevada County Circuit Court, any actual hearings or trial is expected to have a change of venue, likely to a court in Texarkana.
Justin B. Hurst, also of Hot Springs, filed the suit in behalf of McGuires, and it basically names as the defenders the entire slate of Nevada County Justices, including Dennis Pruitt, Willie Wilson, Ryan Harvey, Curtis Lee Johnson, Bob Cummings, Herbert Coleman, Kenneth Bailey, George Smith and Brenda Stockton.
The lawsuit, however, did not name Nevada County Judge Mark Glass, who has remained a neutral central figure in the dispute.
Although the official response acknowledges some basic facts of the case are correct, in reference to some paragraphs in the McGuire suit, several responses include legal phases like “Defendants deny the allegations” or “Defendants have insufficient information or knowledge…”
On Page 3 of the 6-page response, it says “Defendants deny that the Plaintiffs are entitled to any relief, including monetary relief, as alleged in the WHEREFORE paragraph of the Plaintiff’s Complaint.”
McGuire’s lawsuit claims that “McGuire learned Nevada County was looking for a road grader and found one. McGuire purchased it from another party, contacted Nevada County to see if the county still needed or wanted it. He was informed the county was still in the market for a grader and the two parties reached an agreement with the county paying the agreed upon price. The county got bids for a grader and received two bids, with McGuire’s being the lowest.”
The genesis of the dispute occurred at the May 9 public meeting of the Nevada County Quorum Court, which District 8 Justice George Smith questioned county purchasing practices in general, and the purchase of a 2012 grader from M&M Wrecker in particular.
At that time, Smith expressed concerns during the open meeting about the $122,000 price of the used grader, and he questioned why the expensive equipment wasn’t placed out on competitive bid. During the same May 9 meeting, Donny McGuire publicly addressed the full Quorum Court, and announced that his company had, in fact, sold the grader to the county.
During a follow-up interview after the May 9 meeting, Smith said “I never mentioned M&M Service and Wrecker by name during the meeting; Donny McGuire got up and said his and his brother's business was the one to which I was referring.”
Since that time, other Nevada County Justices, most notably District 5 Bob Cummings, have stated their beliefs that the lawsuit would likely be dismissed.