Bell’s attorney files motion to dismiss lawsuit
Published 8:47 am Thursday, May 2, 2013
By Fred Guarino
The Lowndes Signal
A hearing set for Wednesday, May 8, in Lowndes County Circuit Court will determine the fate of a lawsuit against Karl Bell and Hayneville Plaza LLC.
The Lowndes County Commission filed a lawsuit on Feb. 25 against Bell, Hayneville Plaza LLC and the South Central Alabama Broadband Cooperative District seeking compensatory damages for breach of contract related to the purchase of the Hayneville Plaza in 2011, $500,000 to be placed in escrow and the cost of litigation to be paid by the defendants.
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A press release issued by attorney Michael G. Strickland on Wednesday states that on March 27, Hayneville Plaza and Bell filed motions to dismiss that lawsuit.
The law firm of Strickland & Kendall is representing Bell and Hayneville Plaza LLC.
The Lowndes County Commission hired Selma attorney Christmas Green to represent it in this case while Hank Sanders continues to serve as county attorney.
County Commission Chairman Robert Harris and County Commissioner W. Dickson Farrior both deferred comment to Green, who confirmed the motion to dismiss is set for a hearing on May 8.
Green said she preferred not to comment on the case until after the hearing.
In the press release, Strickland contends that the Commission never signed a loan agreement relating to the bond and the purchase of Hayneville Plaza, so there can be no breach of contract.
The release also states that neither Bell nor Hayneville Plaza wrote a bad check to the Lowndes County Commission nor do they owe money to the Lowndes County Commission.
In the press release, Strickland referred to the lawsuit as “frivolous” and said Bell’s “good name and reputation has been wrongfully harmed by members of the Commission.”