Judge denies motion to dismiss lawsuit

Published 7:55 am Monday, June 24, 2013

Second Judicial Circuit Court Judge Terri Bozeman Lovell will allow lawsuits filed by the Lowndes County Commission against Karl Bell, Hayneville Plaza LLC and the South Central Alabama Broadband Cooperative District to go forward.

Lovell denied a motion by Karl Bell and Hayneville Plaza LLC to dismiss a lawsuit filed Feb. 25 by the Lowndes County Commission 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.

On Feb. 6, a lawsuit was also filed by the commission against the South Central Broadband Cooperative.

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It asks that rent money collected by the SCABC is property of the Lowndes County Commission, the SCABC be stopped from expending other funds, the SCABC make a full accounting of money collected and spent and the balance of money be paid to the county commission.

“The ruling means the cases will move forward,” said Christmas Green, a Selma attorney hired by the Lowndes County Commission to handle the cases.