In the latest news from the ongoing legal dispute between Nevada County and one of its most prominent vendors, the lawsuit is now awaiting the Arkansas Supreme Court to make its move in appointing a new judge to oversee the case.

In the latest news from the ongoing legal dispute between Nevada County and one of its most prominent vendors, the lawsuit is now awaiting the Arkansas Supreme Court to make its move in appointing a new judge to oversee the case.
In a statement Friday, Plaintiff Donny McGuire said “We are moving ahead. We are waiting for the Arkansas Supreme Court to appoint a new judge, and then, we are on the way to trial soon.”
McGuire said that the two local district judges had recused themselves from the case, so it is up to the Arkansas Supreme Court to appoint a special judge.  In the meantime, McGuire said that there was no settlement with the county, and that he was not backing away.
“I am here to tell you that yes, we are ready to go to trial; it is not going away, and I’m not backing down, no way. I will not stand by and let county officials bully its citizens.”
Prior to the Christmas holiday period, the lawsuit engaged in discovery testimony.  While McGuire said he wasn’t at liberty to discuss the nature of the depositions or what was said, he did say “I thought it was good.”
Although he could not name a date, McGuire did say he believes a possible trial could start as soon as mid-March.
In his own press statement Friday, Nevada Justice George Smith said, “When this new judge is appointed, I still think this is going to be dismissed. As far as I know, our legal counsel, Ralph Olm, has advised us that the county is still filing for a dismissal.”
Smith also said that he, too, was against a settlement with the McGuires, and he maintained “This lawsuit has no merit, so to me, there is nothing to settle.”
Smith said that the Arkansas Supreme Court’s role is to name a special judge, who would then hear the case.
“Since the two local judges have apparently recused themselves, then its the Supreme Court’s job to name the replacement judge.  I don’t believe the Supreme Court has looked into the case itself; their role at this point is to name the new person,” Smith said.
Nevada County filed a response to McGuire’s suit on August 25, 2017 asking the court to dismiss the action.
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, Brenda Stockton, and Smith.
The Nevada County Judge, Ron Glass, who actually conducted the original purchase that is the genesis of the dispute, however, is not named in the lawsuit..
Donny McGuire and Nicky McGuire, owners of their Nevada County-based auto repair and wrecker service, filed the suit July 24, 2017 claiming the Nevada Quorum Court defamed their company after it sold Nevada County a used road grader.
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.”
At the May 9 public meeting of the Nevada County Quorum Court, 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.
Justin Hurst, of Hot Springs, is representing the McGuires in the lawsuit. Nevada County’s defense attorney Olm is also from Hot Springs.