Huntsville Faces Further Legal Action

September 30, 2004

HUNTSVILLE - If discussion at Monday's regular session of the Board of Mayor and Aldermen here is any indication, the town may soon be back in Chancery Court.

At the source of the latest threat of legal action are unpaid legal fees, billed to the town by Andrew Hall & Associates, a Wartburg-based law firm. Hall was appointed as the town's legal counsel in July by a 4-1 vote of the Board of Mayor & Aldermen.

A representative of the law firm was on hand for Monday evening's meeting at town hall, where Vice Mayor Gary A. Sexton said that a total of $6.660.60 in attorney fees had gone unpaid. Of that total, $4,550.60 had been billed by Hall's firm, while an additional $2,100 had been accumulated in separate fees. The fees stem from the board's 4-1 vote in July to strip Mayor George Potter of his duties after Hall stated that, in his opinion, the mayor had vacated his position by taking up residence outside the town's legal municipal limits.

Scott County Chancery Court later ruled in favor of Potter and effectively restored his power as mayor of the Town of Huntsville. The town was represented at that court appearance, and at an earlier Chancery Court appearance initiated by First National Bank of Oneida, by Hall.

Sexton made a motion on Monday that the bills be paid. He later changed his motion to state that Mayor Potter was "authorized" to pay the bills. The motion passed by a 3-1 vote with Mayor Potter dissenting and Alderman Charles Lance absent.

Potter said that it might not be legal for the town to pay the attorney fees because the lawsuit had never officially been brought before the full board.

"I'm not paying this bill," Potter said. "This lawsuit that was filed was never brought before this board. Therefore, I feel board members are personally responsible.

"What this amounted to was trying to get me out of town so I couldn't run for mayor. I don't believe the people want to pay for such a thing."

Potter said that it would take another court proceeding to determine if the bill would be paid by the town.

"I need to do things that's legal, and that's where I stand," he said. "I guess we'll have another hearing before I'll sign the check. I want you (Hall's representative) to know that upfront. I think it would take another lawsuit."

Potter said that if the court ordered the town to pay the fees, "I'll sign the check."

Hall's representative, identified as John Garris, essentially agreed that further legal action is likely pending.

"I hate to see the Town of Huntsville incur more expenses to pay a bill that the board authorized to be paid," he said. "We're prepared to pursue that."

Potter made a motion to "do away with the lawyer," so that no additional expenses would be incurred. His motion failed due to a lack of a second.

In an earlier exchange, Alderman Kenneth Jeffers charged that personal ties might have resulted in Chancellor Billy Joe White's ruling that Potter was still mayor of the town.

"I don't believe the people want to pay for such a thing," Potter said, referring to the lawsuit.

"But you wasn't in town," Jeffers said.

"Are you going to over-ride the judge?" Potter asked.

"I'm not kin to the judge like some people are," Jeffers responded.

news@ihoneida.com

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