Judge grants preliminary injunction on contested Rutland property sale
POMEROY – Judge D. Dean Evans has returned a ruling to grant the injunction blocking the Village of Rutland from selling property the Meigs County Commissioners contends belongs to the county.
The contested property was set to be sold to Dollar General on Jan. 25, 2017 until a temporary injunction was filed in the Meigs County Court of Common Pleas. In the judgment entry filed Feb. 16, Judge Evans gives the background in the case and his judgement on the Preliminary Injunction.
“At the onset of the hearing, the Court referenced a previous status conference held on January 31, 2017, with counsel, with the consensus being that the underlying claims for relief are for breach of contract together with a request for specific performance regarding certain real property situated in the Village of Rutland, Meigs County, Ohio. This fast was confirmed at the hearing,” Judge Evans wrote in his decision.
Judge Evans concluded in the entry, “The Court finds, based on the evidence, that Plaintiff, Meigs County Board of Commissioners, should be granted a Preliminary Injunction, enjoining Defendants, their agents, or employees from selling, transferring, or otherwise conveying the subject property.”
Meigs County Prosecuting Attorney James Stanley reacted to the decision, “I’m glad the court ruled in the Board of Commissioners favor and granted the preliminary injunction because that temporarily protects the County’s interest in the subject property. The matter is scheduled for a status conference. Beyond that, the next step will have to be discussed with the board and then we will proceed from there.”
“We are very happy with the judge’s order. This will allow us to continue to protect the residents of the village and the interest of the taxpayers of the county,” said Commissioner Randy Smith following the announcement of the ruling.
A status/scheduling conference is scheduled for March 7, 2017 at 1 p.m.
The full story on the hearing can be read via the link below.
