The Webster Progress-Times

WALTHALL - A lawsuit filed by a Eupora alderman against the mayor and three other board members is scheduled for trial next week in Webster County Chancery Court.

Chancellor Jim Davidson will hear the case, which is set to begin at 9:30 a.m. Tuesday in the Courthouse. Two days have been set aside for the trial, which was previously scheduled for November.

George Mitchell Jr., former city attorney, is representing the plaintiff: Alderman-at-Large Jack Haney. Sara Woodrell Papa is attorney for the defendants: Mayor Tommy Lott and Aldermen Dan Burchfield, Henry Flowers and Ricky Newton.

Haney's suit, filed in March 2006, concerns the selection of mayor pro tem. The current board unanimously elected Flowers as mayor pro tem in July 2005 after the previous board voted to change the position from that of alderman at-large to one of being elected by the board. The lawsuit alleges violations of state statutes and case law.

Haney is suing to set aside the board's previous action and therefore be declared the mayor pro tem.

Davidson granted a partial summary judgment to the defendants in March excepting them from money damages by law but denied them a summary judgment based on compliance with the state Open Meetings Act.

In a July order, Davidson denied the defendants' supplemental motion for summary judgment in which their position was that there was compliance with the Open Meetings Act. He ruled that the genuine issues of material fact involved "must be heard in open court."

Subpoenaed as witnesses on behalf of Haney are former aldermen Martha Lou Ballard, Marjorie Tucker and Mike Hillhouse; former mayor Pete Fortner; City Clerk Lesa Hardin, city attorney Hugh Gibson and Alderman Robert Calvin Mays.