POINT PLEASANT – At least one lawsuit in which the city of Point Pleasant was involved was apparently settled over two years ago, but paperwork to formally dismiss it was only recently signed.
In addition to being a defendant in three lawsuits, the city of Point Pleasant was a plaintiff in one civil action. In that case, the city sued a local contractor for unpaid business and occupation taxes.
Court records show then-city clerk Marilyn McDaniel brought suit against Mid-Atlantic Construction for $49,000 it was in arrears to the city. The case was filed on June 30, 2003, a day before her term as clerk expired.
McDaniel vacated her seat in an unsuccessful bid against then 7th Ward Councilman Jim Wilson for mayor. However, on May 19 McDaniel successfully unseated Wilson in a rematch of 2003's election.
Other than a reply filed on July 23, 2003 by MAC's attorney Raymond G. Musgrave denying the allegations, records show no further action had been taken in the case until a week prior to the election.
Records show Mason Circuit Judge Thomas C. Evans III dismissed the case on May 11 at the request of Musgrave and James Casey, Point Pleasant's former city attorney.
Despite what's written on paper, newly elected 7th Ward Councilman Sam Juniper said the case came to a conclusion long ago. According to Juniper, Casey told the council at one its meetings the case was settled in 2005.
"It's my understanding the council was made aware of that two years ago in February," Juniper said.
Casey, Juniper said, offered little details on the settlement including how much the city recouped. It was his understanding because the case was settled out-of-court, Casey couldn't divulge that matter, Juniper said.
"I don't think it's right to get off the hook if they settle next to nothing," Juniper said.