City seeks new attorney in stormwater fee lawsuit

Apr. 24—The city of McAlester is looking for another attorney to represent the city in its court action against the Pittsburg County Board of Commissioners.

McAlester Mayor John Browne said Tuesday that McAlester City Attorney John T. Hammons has contacted the Steidley & Neal law firm in McAlester as part of the search to hire outside legal counsel to represent the city in its lawsuit regarding the county's unpaid stormwater fees at the Southeast Expo Center.

Browne said as of early Tuesday the city expected to hear back from the McAlester law firm.

"They are supposed to have a proposal," Browne said.

He said he's glad a McAlester law firm has been contacted about possibly representing the city in its court action involving the county.

"I'm glad we're looking locally," said Browne.

The search for outside counsel resulted from an executive session city councilors held during their April 9 meeting.

Reason for the executive session was cited as for the council to receive confidential communication from the city attorney concerning the pending lawsuit of the city of McAlester v. the Pittsburg County Board of County Commissioners.

Following the closed executive session, city councilors returned to open session and authorized Hammons to hire outside counsel to represent the city council in the stormwater lawsuit.

Browne later said the outside counsel is needed because the case has changed.

"The county is countersuing us," Browne said. "It's going to be a bigger case."

Attorneys representing Pittsburg County commissioners in the city of McAlester's lawsuit over unpaid city stormwater fees at the Southeast Expo Center have responded with a counterclaim of their own.

County commissioners are now seeking a judgment from the city of McAlester for more than three-quarters of a million dollars.

In Pittsburg County District Court filings, the commissioners' attorneys state the Pittsburg County Board of Commissioners "demands judgment in excess of $750,000, the exact amount of which shall be proven at trial."

Attorneys for the commissioners are seeking the judgment from the city of McAlester for alleged breach of contract involving a lease agreement, contending the city let the Expo Center building and property deteriorate during the approximately 20 years the city operated the facility.

In their most recent court filing, attorneys for the commissioners contend the city of McAlester did not properly maintain the Expo Center as required by the lease agreement.

"Under terms of the lease, City agreed that the maintenance of the building, grounds, parking and all the leased land would be the responsibility of the city," up until its mutual termination, the commissioners' attorneys said in court documents.

They contend that for the duration of the lease, the city "failed to maintain the building, grounds, parking and the leased land in a reasonable manner thus allowing the property to deteriorate and waste."

"The City's failure to maintain the building, grounds, parking and the leased land in a reasonable manner that resulted in the deterioration and waste of the premises constitutes a breach of the lease and its contractural terms," the county's attorneys contend.

"As a direct result of the City's breach and failure to maintain the building, grounds, parking and the leased land, the County has been required to and continues to be required to expend funds in an amount in excess of $750,000," the county's attorneys state in court documents.

They also maintain the exact amount can't be determined at this time as "additional repairs are required to restore the premises to the condition that it would have been in had the city not breached the lease."

In addition to the $750,000+, the commissioners' attorneys have also filed to recover all costs, including pre and post-judgment interest, reasonable attorney fees and any other relief as permitted by applicable law.

Attorneys Chris Collins and Scott R. Eudey of the Oklahoma City law firm of Collins, Zorn and Wagner are representing Pittsburg County commissioners in the court action.

The city continues to assess a stormwater fee to the Expo Center of $1,045 per month. As of April 17, the total amount the city has billed the county for unpaid stormwater fees at the Expo Center totaled $32,395, said Pittsburg County Clerk Hope Trammell.

Joining Mayor Browne to make the April 9 vote unanimous to authorize the hiring of outside counsel to represent the city in its lawsuit with the Pittsburg County Board of Commissioners were Ward 1 Commissioner Levi Gilmore; Justin Few, Ward 2; Chris Stone, Ward 3; Randy Roden, Ward 4; Bill Jack Boatright, Ward 5 and Kevin Beaty, Ward 6.