Judge Dismisses Injunction Request

Among the action taken by Jasper Superior Court Circuit Judge E. Trenton Brown, III on Tuesday was the dismissal of an injunction filed by citizen Mary Patrick against the Jasper County Board of Commissioners (BOC) and the Jasper County Water and Sewer Authority (JCWSA).

The injunction was filed a week ago on October 30 by Mrs. Patrick, a former BOC member, in an effort to prevent the two governing entities from entering into a contract that would allow the county offices to maintain the day-to-day operations and billing of the water authority. She cited a $50,000 bail out and previous 31 year agreement on behalf of the BOC to fund the JCSWA as reasons to caution against the new proposal without certain restraints.

In stating her case, Mrs. Patrick said the injunction was filed in an effort to prevent the BOC from making another decision and entering into yet another agreement without the citizens of Jasper County’s knowledge beforehand. She explained that she had requested the contract information well ahead of Monday night’s scheduled BOC meeting which listed the intergovernmental agreement as an agenda item. Within four days of said request she had not received any information on the agreement yet it was still listed on the agenda.

“I’m trying to make sure citizens and taxpayers know what is going on before committing to long term debt,” said Mrs. Patrick.

The BOC and JCWSA were represented jointly by county attorney Jim Alexander, attorney David Ozburn, and Russell Thomas. Attorney Alexander spoke first and asked that the court dismiss the case. He stated that the injunction filed was based on an “idea” that had not been met with action yet. While a proposal was made and a contract drawn up, no action had been taken by the BOC, he said.

Mr. Alexander cited a Henry County case as precedent in which the ruling upheld the notion that a decision must be made before an injunction or restraining order could be filed.

He further suggested from a legal perspective that Mrs. Patrick was perhaps seeking a temporary restraining order, which he believes was not warranted at that point.

Attorney Thomas also spoke to the court noting that the filing of the injunction “truly appears to be speculative.”

Prior to his ruling, Judge Trent Brown commented that this was a very complicated matter. He said that the need for the court to step in just a few days after the injunction being filed is seen as an emergency action. He asked Mrs. Patrick whether she was seeking injunction relief or immediate injunction relief.

Judge Brown also stated “that as far as dictating terms you’re asking this court to do something that is not in our power. I will not provide injunction relief today, seeing no emergency. I will dismiss the motion but will be taking it under advisement.”

In other superior court action, Michael Freeman, Keifer Wood, Allen Humphries, Jerrod Farris and Sharon Epps were sentenced for revoking their probation terms while James Kirby, Daniel Whitby, and Justin Singletary had their cases continued.

Judge Brown also four divorce cases, two protective orders, and child support modification.