Couple seeks more than $142,000 from Huntington

By Cara Bailey | Feb 22, 2007

HUNTINGTON - A couple has filed a suit against several Huntington city officials, seeking more than $142,000.

In a suit filed Feb. 20 in Cabell Circuit Court, Jeffrey and Linda Hood list Mayor David Felinton; City Council members Phil Adkins, Garry Black, Scott Caserta, Paul Farrell, Jim Insco, Francis Jackson, Brandi-Jacobs-Jones, Cal Kent, Teresa Loudermilk, Mary Neely and Jim Ritter; Conrad Thornburgh, director of Finance and Administration for the city; and Robert Wilhelm, the director of finance, as defendants.

The suit says on Nov. 6, 2006, a jury awarded the Hoods $75,000 against the City of Huntington.

"This judgment provided for pre-judgment interest on the sum of $70,000 at the rate of 10 percent annum commencing July 15, 1997 until the date of the jury's verdict and on the sum of $75,000 thereafter until paid," the suit says.

As of Feb. 15, 2007, the unpaid amount including interest is $142,247.26, with interest accruing at the daily rate of $20.55.

The suit says that on Feb. 15, Felinton presented a budget to the City Council, for the fiscal year beginning July 1. The budget did not provide any line item appropriating sufficient funds to pay for amount of judgment, the suit says.

"Unless money is appropriated for the purpose of paying this judgment, it will never be paid," the suit says.

The suit also says the Hoods believe that a one-third contingent fee is reasonable in this matter.

The Hoods seek a Writ of Mandamus requiring the respondents to perform their non-discretionary duty.

William Levine is representing the Hoods, and the case has been assigned to Judge John Cummings.

Cabell Circuit Court case number 07-C-243

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