Monday, December 28, 2009

SCRAP METAL SCRAP: Trib readers slam Boone County Commissioners




COLUMBIA, 12/28/09 (Beat Byte) -- In this corner, attorney and one-time judicial candidate CJ Dykhouse for the County of Boone.   In that corner, scrap metal picker-upper Phillip Holder, defending himself as a so-called "pro se litigant" before Boone County District Court judge Leslie Schneider against charges he robbed county government. 

Over two trips from his Summerville, Georgia home earlier this year, Holder (
below Columbia Daily Tribune photo) transported 23,000 square feet of scrap metal from the Boone County Fairgrounds he says he won in a bidding process.  


But county commissioners claim he took more metal than he was promised, much of it siding intended to rebuild a 22,000 square foot building earlier donated by Billy and Glenda Sapp. 

The scrap metal fiasco only added insult to the Boone County commission's already injured reputation.   Reports in July had the donated building "overbudget," a strange oxymoron.   In court since October, the latest word on the scrap metal dispute -- that it may go to a jury trial -- has Columbia Daily Tribune readers outraged

"How about a trial for the County Idiot who failed to properly oversee the transaction and removal of the property?" 

"Boone County officials should be so ashamed of their care of public property that they should provide any monetary restitution to the public that is required to cover the $8,112 needed to replace the "missing metal."   Instead they have handled the metal with no oversight..."

"Mr. Holder bought metal at an auction and drove up here from Georgia to pick it up in TWO

trips.  Doesn't sound like a thief to me."

"Sapp donated the building, that had literally cost him nothing, for a big tax write-off and the county has spent thousands of dollars in taking it apart, moving it and re-erecting it.  Then were so negligent as to let it be taken by someone 'authorized' to pick up metal from that very location.  What an incompetent bunch."

"So now we see...why the people of this county are asked time and time again to 'cover' unnecessary costs caused by poor/sloppy handling of public property by county employees and our elected representatives."

"Again, another situation where some county employee was not doing his job and it cost the tax payers 8g. Why are we covering his fanny?"

"Boone County Comissioners are looking like idiots in this one.  I hope Mr. Holder gets a good attorney and cleans house.  Why don't the commissioners just face it, they screwed up!" 


"I agree with all of the above posters; this fiasco is SO much like the High and Mighty Boone County Commisioners!"

"This is going to cost the county far more than the metal is worth, even if the county is successful."

RELATED:






(Pictured:  Boone County Commissioners Skip Elkin, Ken Pearson, Karen Miller (with Pearson)


COURT SCRAP:  Boonedoggle lands county government in lawsuit

Boone County attorney C.J. Dykhouse (right, Columbia Daily Tribune photo) and scrappy scrapper Phillip Holder have been arguing in Circuit Court since October, ostensibly to get payment for metal county commissioners maintain Holder took that wasn't scrap.   

We thought it would be fun to see just how much of our time, the Court's time, Mr. Dykhouse's time, and the county commission's time is being wasted over this latest act of foolish government at the Roger B. Wilson building.

Boone County Commission, aka Small "d" Democrats  vs.  Phillip Holder, aka "The Little Guy"
Cause Number:  09BA-CV04520

08/27/2009  Docket Entry:  Pet Filed in Associate Ct
08/31/2009  Docket Entry:  Summons Issued-Associate
10/13/2009  Docket Entry:  Motion to Dismis
10/16/2009  Docket Entry:  Order:  CAUSE SET FOR HEARING ON DEFENDANT'S MOTION TO DISMISS
10/19/2009  Docket Entry:  Motion Hearing Scheduled


11/05/2009  Docket Entry:  Motion Hearing


PLAINTIFF BY COUSEL DYKHOUSE.  DEFENDANT IN PERSON PRO SE. CAUSE HEARD AND ARGUED ON DEFENDANT'S MOTION TO DISMISS.   AFTER DUE CONSIDERATION, DEFENDANT'S MOTION TO DISMISS OVERRULED.  PLAINTIFF GIVEN 20 DAYS TO FILE RESPONSIVE PLEADINGS.  CAUSE SET FOR HEARING ON ALL PENDING MOTIONS 2:30 PM, 12/29/09. LS/X (pc)

11/06/2009  Docket Entry:  Motion Hearing Scheduled
Associated Docket Entries:  12/17/2009 - Order:  CAUSE TRANSFERRED TO TRIAL REQUEST DOCKET FOR SETTING AT 9:00 A.M., JANUARY 4, 2010, DIVISION I. GH/I (em)


11/13/2009  Docket Entry:  Motion for Summary Judgment
Filing Party:  DYKHOUSE , CHARLES J
11/16/2009  Docket Entry:  Order:  ORDER OF 11/5/09 AMENDED TO STATE DEFENDANT MAY FILE RESPONSIVE PLEADING WITHIN 20 DAYS. CAUSE SET FOR HEARING ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ON 12/29/09 AT 2:30PM IN DIVISION X. 


11/25/2009  Docket Entry:  Answer Filed   Filing Party:  HOLDER , PHILLIP
12/07/2009  Docket Entry:  Certificate of Service  Filing Party:  HOLDER , PHILLIP

12/14/2009    Docket Entry:    Response Filed:  RESPONDENT'S RESPONSE MEMORANDUM CONTENDING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT FILED.   Filing Party:  HOLDER , PHILLIP

Docket Entry:    Response Filed:  RESPONDENT'S MOTION FOR LEAVE OF COURT FOR MORE TIME TO RETURN INTERROGATORY AND DISCOVERY FILED.  Filing Party:  HOLDER , PHILLIP

Docket Entry:  Response Filed
Text:  RESPONDENT'S RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT FILED. (GW)
Filing Party:  HOLDER , PHILLIP


Docket Entry:  Response Filed
Text:  RESPONDENT'S RESPONSE MEMORANDUM CONTENDING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT FILED. (GW)  Filing Party:  HOLDER , PHILLIP




Docket Entry:  Order
Text:  CAUSE SET FOR HEARING ON DEFENDANT'S MOTION FOR MORE TIME ON 12/29/09 AT 2:30PM IN DIVISION X.


12/17/2009  Docket Entry:  Certificate of Service:  Filing Party:  HOLDER , PHILLIP
12/17/2009    Docket Entry:    Request for Jury Trial Filed  Filing Party:  HOLDER , PHILLIP
Docket Entry:  Motion Filed:  RESPONDENTS MOTION FOR PLAINTIFF TO FURNISH SECURITY OF COSTS FILED.
Filing Party:  HOLDER , PHILLIP
Docket Entry:  Order:  CAUSE TRANSFERRED TO TRIAL REQUEST DOCKET FOR SETTING AT 9:00 A.M., JANUARY 4, 2010, DIVISION I. GH/I (em)



12/21/2009  Docket Entry:  Trial Setting Scheduled:   01/04/2010 , 09:00:00 - Trial Setting
12/28/2009  Docket Entry:  Motion Hearing Scheduled
12/29/2009 , 14:30:00 - Motion Hearing 

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