County’s lawsuit expenses exceed $220,000

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County’s lawsuit expenses exceed $220,000

Posted by

Zach Mitcham

in News

Monday, August 2. 2010

Comments (31)

The Madison County government has spent $223,956 since 2007 in a legal battle over Sam Bruce Road.

Madison County resident Bobby Gunnells submitted data to The Journal this week obtained through an open records request from the county government.

The documents show that between July 16, 2007, and May 31, 2010, the Madison County government has paid $145,352 to Carothers & Mitchell LLC for legal expenses, $21,054 to Michael C. Pruett for legal expenses, and $57,549 to Rochester & Associates and other engineering firms for engineering work related to Sam Bruce Road.

Sam Bruce Road resident Marion “Hoss” Cartwright filed suit against the county in 2007. Cartwright seeks to have the road remain closed. A bridge washed out several years ago, shutting off thru-traffic. The county commissioners have countered Cartwright, saying that the bridge should be repaired and the road opened for public use.

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#1 anonymous on 08/03/10 at 04:56 AM [Reply]

Before the Negative comments start, Ask yourself... Who initiated the lawsuits to begin with? Who is responsible for the money being spent ? If I were that person I would want to be remembered for good and kind deeds to my fellow man.Not this,, Think about it,

#2 R Hatfield on 08/03/10 at 06:46 AM [Reply]

Too bad Cartwright filed suit. If he hadn't, the bridge would be rebuilt. Those who live or don't live on or near Sam Bruce Road could come and go as they please. (It belongs to Madison County residents folks, not just those who live on that road), and the so called "contamination" that Cartwright speaks of so often, if any, would be long gone. There's more contamination coming off of his pasture with every drop of rain than what may have been caused by that bridge washing out.

All of this cost to the tax payers because of a handful of people who think that their mailboxes are the only ones in the county that get vandalized. Or think that their road is the only one that has people cutting doughnuts in the middle of the road. Sad to see vendetta’s sucking so many people and their tax dollars into something that was easy to fix!

I know one thing for certain. God Forbid! Should someone on that road have a medical emergency and CRITICAL MINUTES were added to those responding because of that bridge not being there, who would these people blame? Cartwright? Or Madison County?

A LOT of people don't see it the way the folks on that road see it. I for one.. Can you tell?

#3 MC view on 08/03/10 at 08:33 AM [Reply]

Get idea more people think bridge and road should be closed than open. Seems for some reason minority yelling loud or trying approach "squeaky wheel gets grease". My view.

#4 Anonymous on 08/03/10 at 11:28 AM [Reply]

Don't worry. When the county prevails, Hoss will have to pay the county's legal fees. So the irony is, when it's all said and done, the county may end up fixing the bridge and owning Cartwright's land as well. A public park on Sam Bruce Rd..... that may be nice!

#4.1 Anonymous on 08/04/10 at 06:28 PM [Reply]

Why will he have to pay the county's legal fees?

#4.1.1 Anonymous on 08/04/10 at 09:02 PM [Reply]

'Cause that's what happens when you lose. You have to pay attorney fees and court costs. If he wins, the county will pay his fees and court costs.

Hint: he ain't gonna win, 'cause he ain't gotta case.

#4.2 Taxed on 08/04/10 at 09:30 PM [Reply]

Here is what someone posted on 4/23/10 in response to a comment like yours in an earlier article:

The county CANNOT recover attorneys fees because the litigation can't be considered frivolous and because the county hasn't even sought recovery. The case went to hearing on the county's motion to have the case thrown out as a matter of law and the county lost on ALL counts. As such, the case already passes legal muster. At this point, it is purely a factual battle-- and the fact is that the bridge must have been poorly built, as it collapsed twice! The fact is that there are environmental violations --which is why the county is being investigated by the EPA. You are seriously deluding yourself if you think that the county can recover its attorneys fees. Taxpayers are paying for commissioner obstinance.

#4.2.1 Sam Bruce Res on 08/05/10 at 10:40 AM [Reply]

The county can recover attorneys fees, and they will. Wait and see. One cannot recover attorneys fees until after the case is resolved. Once you win, then you go after him for attorneys fees. Of course, by "go after" I mean basically ask for them and the judge orders Hoss to pay the fees he is responsible for putting on the backs of Madison County working folk.

"Hoss" is the epitome of an self-centered, selfish, jerk. His petty greed and arrogance have cost all of us money. Everyone I know hates the man. Even people who used to like him or thought his stunts were funny. They hate him because he doesn't care who he hurts or how much he costs us. When this is over WE ALL WANT THE COUNTY TO SUE HOSS AND DO WHATEVER IT TAKES TO GET OUR MONEY BACK.

#4.2.1.1 TAX MAN IN D HOUSE on 08/06/10 at 12:57 PM [Reply]

I just checked and I didn't find any residents or houses on Sam Bruce Road. Are you living in a tree on Mr Hoss's Property?

#4.2.2 Concerned... on 08/06/10 at 09:32 AM [Reply]

Exactly... The ridiculous personal comments and verbiage used against Mr. Cartwright shows the intellect of the anonymous individuals making the statements. Stick to the facts, folks... which are well stated in the above comment explaining the recovery of the county's attorney's fees.
Whether or not you "like or dislike" any individual involved in this case doesn't give you the right to slander them.

#5 MC on 08/04/10 at 08:23 AM [Reply]

Call Pethel !!

#5.1 I know on 08/06/10 at 11:27 AM [Reply]

He only plays nice with DOVE..

#6 MC person with concern on 08/04/10 at 10:37 AM [Reply]

So open road ; trash : people vandalize again : wonder if local not more in harms way from this. Sorty of attractive nuisance if bridge back. To me someone has agenda to either increase land value or sell something. Still think most people in area want it closed. Vocal view (vocal bullies ) should not outweigh the rest of the people.

#7 Anonymous on 08/04/10 at 11:04 PM [Reply]

MC will win this suit an poor ole Hoss will have just thrown away his money. Habitual loser and is a cancer to this county

#7.1 Anonymous on 08/07/10 at 01:07 AM [Reply]

That this mean, selfish man refers to himself as "Hoss" is an insult to my horses. Please, let's refer to him as something else, maybe "Loss" since he lost the election and looks like he is losing the lawsuit, and no matter how the lawsuit turns out the money he has flushed away (his and ours) is a total "loss."

So, from now on it's "Loss" Cartwright.

#7.1.1 Taxed on 08/07/10 at 12:16 PM [Reply]

Please give us your source of information that tells you he is losing the lawsuit.

And PEOPLE, remember that the CULVERT (NOT a BRIDGE) washed out (for the second time) in 2005, and he did not file the lawsuit until 2007. Someone was sitting on their hands during that interim, right? Who do you suppose that was?

#7.1.2 Nope not loss : call Honest on 08/07/10 at 01:15 PM [Reply]

Close the road. Stop vocal bullies. Pethel won due to luck and reason won't run again is he knows it.

#7.1.3 Concerned... on 08/09/10 at 01:29 PM [Reply]

Try MR. CARTWRIGHT...

#7.1.3.1 SC on 08/11/10 at 12:52 PM [Reply]

Marion "Loss" Cartwright...lol! Love it. Good call and right on point!

#8 Taxed on 08/07/10 at 12:36 PM [Reply]

Everyone commenting on this topic should read Mr. Cartwright's letter in the "Opinion" section if you haven't already done so("Sam Bruce Road - unspinning the spin"). He gives a pretty good view of the situation from his perspective. Of course, many people are sure they are right and no one else is, and it might not do them any good.

#9 Arrest on Sam Bruce Rd on 08/08/10 at 11:09 AM [Reply]

Fella Arrested : in black:knife:face mask in possession : yep real safe place to travel : like this before : BOC : petition with names concerning this road : were they checked out ? Did they live nearby and were all MC residents ? Just curious. I vote close the road.

#9.1 Petition on 08/09/10 at 08:15 AM [Reply]

did he sign petition to keep road open ?

#9.1.1 Curious on 08/11/10 at 10:59 AM [Reply]

Can someone check the petition to see if he did sign it please. Would be interesting and interesting who had him sign it would it not.

#9.1.1.1 Agree with curious on 08/13/10 at 08:32 AM [Reply]

IS THE PERSON arrested name on the petition ???

#10 Anonymous on 08/08/10 at 10:31 PM [Reply]

LOSS has thrown away his money and ours by his greed and childish acts. I hope he is ordered to pay the legal fees. Just out of curiosity I wonder how many people LOSS has sued in the past? And you are right, most people you talk to in that area despise the man.

#10.1 Hoss not disliked on 08/11/10 at 10:57 AM [Reply]

He is not disliked. Local vocalist bullies got involved but their time is limited due to age. Change is coming.

#10.1.1 Anonymous on 08/12/10 at 12:12 PM [Reply]

"Loss" Cartwright is the local vocalist bully. That's why nobody likes him. That and he is costing us hundreds of thousands of dollars with his petty lawsuit. What a grinch!

#10.1.1.1 U R wrong Anonymous : ask Pethel himself on 08/12/10 at 03:46 PM [Reply]

just wrong : I will pray for you.

#10.1.1.1.1 trish on 08/12/10 at 04:19 PM [Reply]

I too am praying for Loss Cartwright. It must feel crappy knowing everyone can't stand you because you're costing them so much money due to selfish, petty, infantile behavior. We should all pray for Mr. Loss.

#10.1.1.1.1.1 GOOD MAN on 08/12/10 at 07:56 PM [Reply]

I dont know who u are and dont care. Cartwright is a good man and has worked hard. im glad someone has stode up to him.(old Pethel) I hope Pethel spends all of the countys money They voted him back in so let him. Spend all of it Pethel.I know i didnt vote for u Pethel.

#11 businessmantoo on 08/14/10 at 05:37 AM [Reply]

Don't worry too much God ol Pethel is starting to have melt downs and fits when he can't get his way. His fellow board members may soon see him for what he is. PETHEL HAS LOST CONTROL AND HE AND ELVIS HAS LEFT THE BUILDING!

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