More documents filed in town suit

A document recently filed in the case of two Alleghany men against Sparta Town Council members suggested the charges against council members and the town be dismissed with prejudice.

Docments regarding the complaint filed Larry McCann and Mark Robert Richardson against Council members Robert Andrews, John Brady, Mike Parlier, Lois Sheets, the board of aldermen of and for the town of Sparta and the town of Sparta are on file in the Alleghany County Clerk of Court Office.

The most recently filed document, done in Wilkes County according to a representative with the local clerk's office, reiterated the statement of the case, addressed allegations in the complaint, as well as four arguments. Of the statement of the case, it was pointed out that the defendants were served with copies of summonses signed solely by McCann. Meanwhile, McCann and Richardson learned Alleghany Sheriff David Edwards served each of the defendants, resulting in the plaintiffs "no longer disputing the sufficiency of service of process," the document noted.

Of the statement of allegations in the complaint, McCann and Richardson claim destruction of the residence—as well as personal items belonging to Richardson—was the result of sewage backup. McCann and Richardson also allege a grease blockage in the sewer line caused the backup, and was a "result of the town negligently designing, constructing, inspecting, maintaining and repairing" lines. The final claim in the allegations stated the town failed to implement a preventative maintenance program, which should have included a policy of regular cleaning and inspection of sewer lines. The supposed failure allegedly caused a trespass on the property."

The defendants subsequently filed a motion to dismiss, along with an answer wherein wrongdoing was denied by each defendant.

Argument

Four issues were addressed in the argument. First, it was addressed that claims alleged by Richardson be dismissed because none of the defendants were served with summons with Richardson's name nor that of his attorney.

"Each summons only contains the name and address of plaintiff Larry McCann," information read. "Upon information and belief, plaintiff McCann is not a licensed attorney, and therefore, by rule, plaintiff Richardson's name and address should be present on the summonses." It was noted while Richardson's name is on the complaint, "without plaintiff Richardson's name and address on the summonses, these defendants did not receive legal notice that plaintiff Richardson was filing a lawsuit."

The document stated claims by Richardson should be dismissed, citing "insufficiency of process and lack of personal jurisdiction…Upon information and belief, no effort has been made by (the) plaintiffs to correct these errors. The original summonses as to plaintiff Richardson have lapsed.