Plaintiff’s attorneys withdraw from nuisance case involving the City of Weatherford.
The plaintiffs are Jasmine Digital Graphics LLC, John Henson, Misti Miller, Joshua Francis, William Hoffman, Rebecca Smith and Jessie Mars-Walling.
According to court records, Attorneys J. Michael Entz, Jeffrey Burton, and Gregory J. Brown of Entz, Burton and Associates and Mitchell D. Blackburn of Conner and Winters, LLP., requested the court allow them to withdraw as counsel for plaintiffs. Custer County District Court deemed the withdraw necessary and accepted the request.
According to court records it is not believed the plaintiffs have retained substitute counsel and no new or substitute counsel has yet to enter an appearance.
In February, Jasmine Digital Graphics, LLC, filed the claim after flooding in 2018 from storms caused damage. Mars-Walling and Smith are the owners of the property where Jasmine Digital Graphics LLC, is located at 1519 and 1521 E. Main St. Henson, Miller and Francis are owners and operators of Jasmine Digital Graphics LLC. Hoffman stores personal property at the affected location.
Jasmine Digital Graphics LLC had a mix of sewer and rain water flood into its building and surrounding areas dedicated to staging and storage in 2018 after the Weatherford area received a heavy rainfall. It is for this reason the plaintiffs filed tort claims with the city.
There were previously three tort claims filed with the city in reference to three separate occasions of this happening on the property. However, the first of the three was not filed within the required time period, according to City Clerk Ashley VanDeburgh.
Upon denial of the two tort claims at a December City Commission meeting in 2018, the plaintiffs filed suit against the City of Weatherford. In the petition, each of the seven plaintiffs claimed to have suffered damages in excess of $75,000 for the first cause of action of nuisance, and an additional $75,000 each.