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Gordon mayor asks judge to throw out lawsuit | News

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Gordon mayor asks judge to throw out lawsuit
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In a court filing, Gordon's mayor says she's done nothing wrong and that a group of townspeople have no legal reason to sue her.

An attorney for Mary Ann Whipple Lue filed a response Thursday to a lawsuit filed by seven people in Gordon.

The seven are asking a judge to remove her and order her to pay damages and court costs.

Whipple Lue took office in January. Since then, she's clashed with some council members and several city officials, who've filed discrimination complaints.

The 116-page lawsuit against her was filed by a group that included two council members, Terry Eady and Freddie Densley.

It claims:

--That she's held several illegal meetings with some city council members.
--That she illegally took the keys to personnel records from the city clerk and then some employees' personnel files went missing.
--And that she ordered the city clerk to approve a $10,000 check to pay for a city audit, even though council declined to fund the audit.

Whipple Lue's response denies those complaints and dozens of others.Her attorney makes several other arguments, as well, including:

--That state law does not allow the private group to claim damages or civil penalties under the state's Open Meeting Law.

--That she is protected under state law by "qualified immunity" and "governmental and sovereign immunity."

--That her critics themselves have "unclean hands" -- meaning they have acted unethically or in bad faith.

--That if any open-meeting violation took place, the entire city council is responsible, not just Whipple Lue as an individual.

Whipple Lue's lawyer also filed a motion asking a judge to throw out the lawsuit and attached a memo explaining why.

No trial date has been set for the lawsuit.


Last month, a statewide group that provides insurance for the city of Gordon canceled the city's liability coverage due to "apparent dysfunction" among city officials.

Read Mary Ann Whipple Lue's response to the lawsuit and the legal memorandum.


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