By Robert Medley
Managing Editor
Piedmont homebuilder Boevers Homes LLC lost a civil lawsuit against the City of Piedmont in November when the case was dismissed by a district judge.
Boevers was ordered to pay attorney fees for Piedmont, and a hearing on the debt now owed has been set in Canadian County District Court for Jan. 17.
District Judge Paul Hesse in November granted a motion by the City of Piedmont to dismiss the Piedmont homebuilder’s civil case filed against the city in 2021 that alleged disparaging comments had been made by city council members.
On Thursday, Dec. 21, an order was written by District Judge Paul Hesse for Boevers to attend a hearing on the debt owed for attorney fees to Piedmont. Hesse set a hearing date for 1:30 p.m. Tuesday, Jan. 17 at the Canadian County District Court House in El Reno.
The case was originally filed by the plaintiff, Boevers Homes LLC. alleged disparaging comments by city council members obstructed their developments. Boevers alleged that “Piedmont and its elected officials have and continue to violate the equal protection rights of Boevers Homes by unlawfully disparaging and obstructing its associated developments.” The case alleged, “Piedmont and its officials have sought to injure Boevers Homes by officially announcing investigations into the plat approval of associated developments and unlawfully demanding changes to developments that have already been approved solely to harass increase costs and cause financial injury to Boevers Homes through delay and loss of market opportunities,” the lawsuit petition reads.
In the civil case, Hesse disagreed with the allegations by Boevers that their business had been adversely affected by disparaging comments. .
On Monday, Nov. 13, Hesse’s court order granted the City of Piedmont’s 2022 motion to dismiss the case filed against them by Boevers Homes.
The order from Hesse for the Jan. 17 hearing reads: “The City of Piedmont, Oklahoma’s motion for an order directing an officer of plaintiff/judgment debtor, Boevers Homes, LLC (debtor) to attend the asset hearing.”
A judgment Sept. 22 granted Piedmont fees and costs for legal expenses. The judgment “remains unpaid and/or otherwise unsatisfied at the time of this order,” Hesse wrote in his Dec. 21 opinion.
The amount owed to Piedmont is $120,587.50, the order reads.
In the civil case, Hesse disagreed with the allegations by Boevers that their business had been adversely affected by disparaging comments. .
On Monday, Nov. 13, Hesse’s court order granted the City of Piedmont’s 2022 motion to dismiss the case filed against them by Boevers Homes.
According to court documents, Piedmont contends that the Boevers claims relate to Piedmont officials’ right of free speech, right to petition and right of association under the Oklahoma Citizens Participation Act.
The civil lawsuit filed in Canadian County District Court in 2021 alleges Piedmont officials “made negative and disparaging remarks about Boevers Homes during Piedmont city council meetings and unlawfully obstructing approved developments where Boevers Homes participated in constructing residential homes,” the order issuedNov. 13 reads.
The order from Hesse reads, “Boevers also agreed that questioning by the city council about a variance between a roadway and the plans for the roadway would constitute disparagement. None of this conduct by Piedmont, or its elected officials, described by Boevers constitutes disparagement.”
The order reads, “Piedmont has met its burden to show that the plaintiff’s claims for declaratory judgment, breach of contract and violation of equal protection rights are all based on or relate to Piedmont elected officials’ exercise of free speech, right of association, and right to petition.”
Also, comments made by former city councilwoman Melissa Ashford did not violate Boevers’ “equal protection rights,” Hesse opined.
The judge’s order describes how Ashford testified at an injunction hearing that “two other council members were ‘constantly going after’ Boevers individually by criticizing his developments.”
Boevers Homes was represented by attorney Gideon Lincecum. The City of Piedmont hired outside counsel through the firm McAfee & Taft.
City council members Jonathan Hisey and Ron Cardwell declined to comment about the case against the city.
City manager Josh Williams said the city does not have a comment on the judge’s order. Mayor Kurt Mayabb did not reply to emails requesting comment or return telephone calls from the Piedmont-Surrey Gazette.
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