UPDATE: Marshall Co. Commission Dropped From Lawsuit
MARSHALL CO. Ala. (WHNT) — The Marshall County Commission is no longer listed as a defendant in the lawsuit involving Revenue Commissioner Joey Masters.
The judge’s ruling stems from a Motion to Dismiss filed by the Marshall County Commission. Marshall County Attorney Clint Maze says the motion was based in part on the fact the Commission doesn’t have authority over the office of the Revenue Commissioner, Joey Masters. ”Because there’s no authority to regulate the day to day actions the Marshall County Commission could not be held vicariously liable for the actions of, or the alleged actions of the Marshall County Revenue Commissioner.”
While the Commission is no longer a part of this case, Maze says the judge’s ruling is only part of their Motion to Dismiss. He says a further decision could mean the entire case would be dismissed.
The case was filed by Marshall County resident Kenneth Downs. Maze says his standing to file the lawsuit is one of those decisions the judge has yet to rule on. ”The second part of the Commission’s motion to dismiss was whether or not Mr. Downs had the proper legal standing to assert the claims he was asserting, and the judge has not ruled on the issue of standing.”
Maze says he expects the judge to rule on that issue within the next few weeks. If the judge rules Downs doesn’t have legal standing to file the lawsuit, Maze says the entire case could be thrown out.
He says the other defendants, including Joey Masters, are still listed on the lawsuit.