Thomas Broadcasting Co. shareholder seeks judgment regarding voting at meeting

By Louie Torres | Sep 27, 2017

FAYETTEVILLE – A shareholder of the company that owns and operates WOAY-TV in Oak Hill is seeking a resolution in a dispute amount the company's shareholders and officers.

H. Leah Thomas, in her capacity as a director and shareholder of Thomas Broadcasting Co., filed a complaint Sept. 7 in Fayette Circuit Court against Thomas Broadcasting Co., Robin R. DiBartolomeo, John G. Thomas, et al. seeking declaratory judgment.

According to the complaint, a meeting of the shareholders and board of directors was held Jan. 19 and one of the items on the agenda was to elect directors. The plaintiff alleges that Sara Thomas and DiBartolomeo voted their shares cumulatively while others did not. The plaintiff alleges this discrepancy skewed the outcome.

The plaintiff seeks a declaration that the cumulative voting for directors is not permitted under the company's governing documents.

The plaintiff seeks injunctive relief, court costs and any further relief this court grants. She is represented by Thomas H. Ewing and Courtney A. Kirtley of Kay Casto & Chaney PLLC in Fayetteville. The case has been assigned to Circuit Judge John W. Hatcher Sr.

Fayette Circuit Court case number 17-C-282

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