The now year-long saga of the lawsuit between the Nevada County Quorum Court and local business owners Nicky and Donny McGuire will enter a new phase on Wednesday, August 1 at the Nevada County Courthouse.
The now year-long saga of the lawsuit between the Nevada County Quorum Court and local business owners Nicky and Donny McGuire will enter a new phase on Wednesday, August 1 at the Nevada County Courthouse as all parties have been summoned for a Pre-Trial hearing before Circuit Judge Tom Cooper.
Cooper is a judge for Ninth West Judicial District that normally includes Little River County, Howard County, Pike County and Sevier County; he is overseeing the Nevada County lawsuit as resident Hempstead and Nevada County judges have recused themselves.
Ironically, the main motion of interest on August 1 will be the one by filed by Ralph C. Ohm of Hot Springs, the acting attorney for Nevada County, which seeks to simply have the McGuire lawsuit dismissed.
The original lawsuit was filed in July 2017 by Donny and Nicky McGuire, M&M owners, and it has been previously well-documented over the past 14 months. The genesis of the legal action can be traced to a May 2017 presentation by Nevada Quorum Court member George Smith regarding the Quorum Court’s role in reviewing large item purchases by the county.
At that time, Smith questioned why Nevada County had then-purchased a 2013 used motor grader from a local company for $122,000.
In the open public meeting, Smith told the court that the grader was actually a 2012 model and had been purchased wholesale for $97,000 by a local business, which in turn, sold it sold to the county for an alleged $25,000 profit. Smith concluded his public presentation saying that it was a good deal for the company but reflected poorly on the fiduciary oversight by the Quorum Court.
Over the subsequent time, Smith has maintained that the McGuires’ lawsuit was filed for harassment purposes and the McGuire brothers “were looking for a settlement,” which at one time, Smith claimed was his own resignation from the Quorum Court itself.
Smith has not resigned, and he is currently running for reelection is his district against newcomer Chris Fore; Smith and Fore will be on the ballot in November’s General Election.
Also, in the past 12 months, the episode also included Smith’s arrest on charges filed by the McGuires on alleged harassment charges.
Ohm’s motion to be heard August 1 not only requests that the lawsuit against the Nevada County Quorum Court be dismissed but also requests that the court dismiss the charges against Smith.
The Pre-trial hearing will be at the Nevada County Courthouse starting at 10 a.m.