Circuit Court
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Associate Circuit Judge Daren L. Adkins, sitting in the Circuit Court, issued a judgment in the case Nodaway Valley Bank, et al. vs. City of Gallatin, et al. The case began in 2005, after the City of Gallatin elected to non-appropriate the funds necessary to pay the debt service on the city’s natural gas system.
The City of Gallatin, various law firms, and others involved settled with the plaintiffs who invested in the project before trial. The remaining defendant, Sutro & Co., Inc., was the underwriter of the Certificates of Participation (CPOs). The CPOs were the instruments that Sutro issued and sold to investors to fund the City of Gallatin’s natural gas system.
After a five-day bench trial, Judge Adkins found in favor of the defendants on the plaintiffs’ claims that alleged negligence, fraudulent concealment, and breach of fiduciary duty on the part of defendant. The 65-page opinion is available from the Daviess County Circuit Clerk’s office. The plaintiffs still have time to appeal the ruling.
Civil cases filed: State of Missouri ex rel vs. Lacy Blu Merysreeves, register foreign judgment; Division of Employment Security vs. Cody Lang, transcript judgment; Douglas M. Blume vs. Cindy A. Blume, dissolution of marriage; David L. Anderson vs. Shanda L. Anderson, dissolution of marriage.
Certificates of lien, DOR, taxes, were filed by the State of Missouri ex rel against Rodney and Stacey Cameron, Ronald D. Kennedy, and Daniel F. Froman.
Cases bound over from the Associate Division to the Circuit Court: State vs. Salvador Garcia Jr., Kansas City, Kan., possession of controlled substance with intent to distribute, class B felony; State vs. Harry S. Olsen, Kidder, theft and receiving stolen property, both class B felonies.
Associate Division
Two Trenton residents were charged Jan. 31 with forgery charges. Brittany Michelle Thomas was charged with the class C felony of forgery; David Lee Shiner was charged with accessory to forgery, class C felony. The charges stem from two separate incidents at the Highway 6 BP in Jamesport.
County Commission
James Lewis, bridge supervisor, met with the commission concerning equipment repairs. When the truck is repaired, they will begin hauling rip-rap around the county as directed by the State Department of Transportation inspector.
Randy Sims, David Cox and Carl Carder, commissioners, filed their certificates of training for 2012.
Ben Becerra, sheriff, met with the commission reporting that the deputy sheriffs salary supplement grant should be paid out; then the reimbursement application will be submitted. He was informed that there were no county funds budgeted and the grant funds will have to be received first. He will make the initial payment from his civil fund.
The clerk reported that the State Tax Commission has certified the consumer price index for 2011 at 3%.
The commission discussed the use of the new key cards. There have been no complaints. David Cox made a motion to only supply the sheriff’s department with six keys and the maintenance personnel one key. Carl Carder seconded. Cox – yes; Carder – yes; Sims – yes.
Larry Belshe, Central Dispatch, met with the commission reporting revenue shortfalls in their budget.
Bills were audited and paid.
Tonya Lohman, MoDOT, and James Gillespie, resident engineer, met with the commission and Zac Johnson, City of Gallatin Administrator, regarding the improvements planned for Highway 13 this year. The Missouri Department of Transportation can amend the plans in the area through the north part of the city limits.
The commission discussed the brush problem in the county. The road and bridge employees will be instructed to begin brush removal Wednesday on Vista Avenue, where certified letters have been sent and the costs will be billed on the 2012 real estate tax statements.
In the afternoon, the commission inspected a washout and brush on Titan Avenue and brush problems on 132nd Street in Colfax Township. Brush control letters will be sent to the landowners.
These are the unapproved minutes of Feb. 6, 2012. All commissioners were in attendance. Minutes were approved.
Courthouse Closed
The Daviess County Courthouse will be closed on Monday, Feb. 13, in observance of Lincoln’s Birthday.
Sheriff’s Office
Jared Howell, 34, Mesa, Ariz., was arrested Feb. 4 in Maricopa County, Ariz., for attempted forcible rape and sexual abuse. The alleged crime occurred at a Jameson residence on Sept. 1, 2007. The original warrant was issued in 2007. Later, the case was dismissed and refiled, and another warrant was issued. That warrant showed up when he was picked up in Arizona. He was extradited to Missouri and is being held at the Daviess-DeKalb Regional Jail on $250,000 bond.
Jessica Huskey, 29, Jamesport, was arrested Feb. 3 for misdemeanor assault third degree. She posted $750 bond.
Recorder’s Office
Marriage license issued: James Everett Davis Jr. and Shanell Marie Hibler, both of Gallatin.
Land Transfers
Warranty Deeds
Tracts in Grand River Township from Matt and Wendy Nalle to Sherman and Mary Jane Smith; tract in Colfax Township from Jackie Lucinda Hangley to Matt and Wendy Nalle; Lake Viking lot #2460 from Joel and Lisa Schieszer to Brian and Susan Gentry; tract in Marion Township from Kurt and Tina Esbeck to Douglas Jr. Nalle; tract in Marion Township from Douglas Jr. Nalle to Kirt Hangley and Bret Hangley, an undivided one-half interest each; tract in Jamesport Township from Tolen Farms to Kenneth Wells, trustee of the Kenneth Wells inter vivos revocable trust; tracts in Jamesport Township from Kenneth Wells to Kenneth Wells, trustee of the Kenneth Wells inter vivos revocable trust; tract in Jamesport Township from Josh and Heather Turner and Jeremy and Candy Turner to B and B Farms; lots in Coffey from Trudy P. Taylor and Dennis Hornung to Laura Cote.
Trustee’s Deed under Active Trust
Tract in Jamesport Township from Kenneth Wells, trustee of the Kenneth Wells revocable trust, to Josh and Heather Turner, an undivided one-half interest, and Jeremy and Candy Turner, an undivided one-half interest, as tenants in common; tract in Jamesport Township from Kenneth Wells, trustee of the Kenneth Wells revocable trust, to Denise Turner.