As the legal jousting between the Nevada County Quorum Court and plaintiffs Donny and Nicky McGuire continues, the case took a new turn with Defense Attorney Ralph Olm filing a number of interrogatories with the court for the McGuires to produce certain financial documents and records.

As the legal jousting between the Nevada County Quorum Court and plaintiffs Donny and Nicky McGuire continues, the case took a new turn with Defense Attorney Ralph Olm filing a number of interrogatories with the court for the McGuires to produce certain financial documents and records.
Olm, of Hot Springs who representing the Quorum Court, sent a certificate of service on September 28 to Justin Hurst, also of Hot Springs, who is representing the McGuires. Ohm identified the filing as the “defendant’s first set of interrogatories and request for production of documents” from the McGuires.
A copy of Olm’s filing obtained by the Nevada County Picayune shows a substantial list of items requested including:
• Documents or items to be introduced into evidence at trial;
• Names and contact information of any persons who may be witnesses at trial;
• List of persons who may have knowledge regarding the plaintiffs’ claims;
• List any conversations had with any JP, county judge or county employee and witnesses to the conversations regarding the grader;
• Price paid for the grader and price paid by the county for the grader;
• Documents relating to any claims, lawsuits, accidents, insurance claims, workers’ compensation claims or any other claims in which M&M has been involved as either a plaintiff or defendant;
• Copies of quarterly tax statements from January 2017 to September 28;
• Copies of all federal, state, county and local income tax statements for the last five years for M&M Service & Wrecker;
• Copies of federal and state income tax returns for Nicky and Donny Mcguire;
• A Request for Copy of Tax Return, IRS Form 4506.
The request for documents marks an apparent reversal from the motion to dismiss filed by the defense on August 25 and reported in early September.
In a press statement in mid-September, however, 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.”
For his part, District 8 Justice George Smith, making his own statement over the weekend, said “This frivolous lawsuit was filed with the defendants assuming the county would settle the case rather than go through the  discovery phase. They were wrong. The county paid too much for the grader based on the price M&M paid for it. They are entitled to make a profit and I stated in my original statement that they made a good business decision.”
“I also stated the county should have performed a better due diligence on the deal before buying it and it would be a nice gesture if the McGuires would return some of the $25,000 profit to the county,” he said.
The McGuires, owners of M&M Wrecker and Service, filed suit agains the nine Nevada Justices individually in June, shortly after Smith questioned a purchase of a used motor grader the county purchased from the McGuires.
At the Nevada County Quorum Court’s May 9 meeting during a speech about financial prudence in county government, Smith said the county purchased a grader for $122,000. He said that county records showed the grader, as presented by the seller, was a 2013 model when it was actually a 2012 model.
Smith said “This is the citizens’ money and we have to be good stewards of it.”
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.
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.”
Other members of the Nevada Quorum Court named in the suit are: Dennis Pruitt, Willie Wilson, Ryan Harvey, Curtis L Johnson, Bob Cummins, Herbert Coleman, Kenneth Bailey, and Brenda Stockton.