Despite the official response from Nevada County and its Justices, the principal who filed the civil lawsuit Quorum Court said “it wasn't going away” in a press statement last week.
Despite the official response from Nevada County and its Justices, the principal who filed the civil lawsuit Quorum Court said “it wasn’t going away” in a press statement last week.
Plaintiff Donny McGuire said “They may want it dismissed, but I am here to tell you that it is not going away. We anticipate going into Discovery testimony soon, and we are going to start calling people in for depositions.”
McGuire said, “I will not stand by as county officials downgrade its citizens. Enough is enough.”
As the Picayune had already completed post production, McGuire was also scheduled to attend Tuesday night’s meeting of the Nevada Quorum Court, where he said he planned to present a video against some of the Justices.
One Justice, George Smith, said “The M&M Wrecker and Service crew will accuse me of getting ‘gray rock’ from the county. That is true — to a point — our road is a postal road, therefore the county upkeeps it.”
Smith said he anticipates that County Judge Mark Glass will address McGuire or the video on Tuesday night.
In the realm of the ongoing McGuire lawsuit, prior to press time, the Nevada County Picayune had not determined that the case was dismissed by any judge, which appears to support McGuire’s claim that it will continue to trial.
Nevada County filed a response to McGuire’s suit on August 25, asking the court to dismiss the action.
Justin B. Hurst, of Hot Springs, is representing McGuire; the lawsuit names 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, but did not include the County Judge Glass, who actually conducted the original transaction for the disputed grader.
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 Nevada County a used road grader.
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.
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 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.