Judge dismisses case against Lauderdale County Board of Supervisors

Published 2:30 pm Wednesday, April 10, 2019

Tommy Williams

A judge dismissed a private citizen’s case against Lauderdale County supervisors to rectify prior spending and address the aging Lauderdale County Courthouse.

Judge Charles Wright Jr., of the 10th Circuit Court, ruled that Tommy Williams, of Marion, didn’t have sufficient standing but disagreed with county representation that the suit was “frivolous.”

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“Concerned citizens, who do not allege an injury separate and apart from that experienced by other citizens or the general public do not have standing under statute authorizing any person aggrieved by a judgement or decision of a county board of supervisors to appeal to the circuit court for redress,” Wright wrote. “The fact that (Williams) is an “adult tax-paying citizen” is not sufficient to confer standing because there is nothing to distinguish (Williams) apart from the other citizens or general public.”

Wright, responding to supervisors calling the case “frivolous,” disagreed, saying that the case brought public attention to the state of the courthouse.

“(The Board of Supervisors) asserts that (Williams’) case is frivolous and without merit,” Wright said. “Despite (Williams’) injuries not rising to the necessary level to achieve standing, the Court would highlight that (Williams’) concerns… are not frivolous because they shine light upon the Board’s actions for the Citizens of Lauderdale County.”

Because the Court didn’t deem the suit frivolous, Williams will suffer no sanctions or pay the county’s attorney’s fees, according to the order.

During the Feb. 20 trial, Williams’ attorney, Stephen Wilson, argued for Williams’ four bills of exception, or objections, against supervisors for spending bond money on other projects while the Lauderdale County Courthouse remains “neglected.”

Lee Thaggard, representing the supervisors, disputed Williams’ standing to file against supervisors, since Williams had not directly been injured by supervisor decisions on the courthouse.

Neither attorney returned a request for comment Wednesday. 

Supervisors have wrangled with the courthouse, expressing impatience for the slow-moving process in various news accounts and public meetings. As supervisors attempt to purchase the federal courthouse, on 9th Street, as a temporary space during renovations, courthouse employees remain in the courthouse. 

Plans to move certain offices, providing relief to workers, are in the bidding process.