County to file breach of contract action against Rutland

By Sarah Hawley -

POMEROY — After a brief discussion behind closed doors on Thursday, the Meigs County Commissioners unanimously approved filing a breach of contract action against the Village of Rutland.

The commissioners met in executive session with Meigs County Prosecutor James K. Stanley for approximately 20 minutes during their regular meeting Thursday morning before taking the action.

Following the executive session, Stanley recommended that the commissioners proceed with a breach of contract action and any other legal action deemed necessary against the Village of Rutland, with the commissioners voting to proceed with the filing.

The action follows the decision last week in which Visiting Judge Dean Evans granted a preliminary injunction to the commissioners stopping the village from selling the old bus garage property.

As previously reported by the Sentinel, the commissioners contend that they have ownership of the old bus garage as part of the transfer of the water and sewer department to the county by way of an April 2012 contract, although the property was never deeded to the county.

The bus garage was utilized for storage by the water and sewer department when controlled by the village and for the same purpose while the department was controlled by the commissioners until the summer of 2016. At that time, the county’s property was removed from the building, the locks eventually changed and no trespassing signs placed om the building.

The village had reportedly agreed to sell the property, along with the log cabin property which sits in front of the old bus garage, to Dollar General. That sale was to close in late January 2017, prompting the action for the preliminary injunction to be filed by the commissioners.

A status hearing in the preliminary injunction case is scheduled for March 7.

Stanley said that he hopes to have the breach of contract action filed prior to that status hearing.

By Sarah Hawley