Preliminary injunction granted in favor of Meigs County Commissioners

By Sarah Hawley -

POMEROY — The Village of Rutland will not be able to complete the sale of the former bus garage property at this time after a ruling on Thursday in favor of the preliminary injunction requested by the Meigs County Commissioners.

The ruling by Visiting Judge Dean Evans came following last Friday’s hearing the case in which Meigs County Prosecutor James K. Stanley represented the commissioners, with the Village of Rutland represented by attorneys Richard Clagg and Rusty Miller.

In the entry file stamped Thursday, Evans writes, that based on the evidence, the court finds that the commissioners “should be granted a preliminary injunction, enjoining defendants, their agents, or employees from selling, transferring, or otherwise conveying the subject property.”

According to court documents and testimony at the hearing, the village had entered into an agreement to sell the property where the old bus garage is located to Dollar General.

Referring to the property in question as the “Old Bus Barn,” Evans writes that the underlying claims for relief in the case are for breach of contract, together with a request for specific performance regarding certain real property situated in the village.

The commissioners contend that the property, while it was not deeded to the county, is part of the water and sewer department which the county took over by way of a contract approved in 2012. Prior to that time, and after the county took over the system, the building was utilized as a storage facility for equipment and parts for the sewer and water system.

A status conference in the case is scheduled for 1 p.m. on March 7 in Meigs County Common Pleas Court.

A complete story on Judge Evans’ decision will be available on later this afternoon, and in the Friday print edition of The Daily Sentinel.

By Sarah Hawley