Shelby Co. (ECWd) –
According to the judicial docket entry for Shelby County, the Judge opened the single bid received for the sale of the farm and did so in the presence of Shelby County Sheriff Brian McReynolds and Shelbyville Police Chief Brachbill.
The court ordered the Circuit Clerk to send the sealed bid information to attorneys of record, State’s Attorney Woolery, Attorney Stocks, and Attorney Hanlon. Attorneys were ordered to not disseminate the information of the sole bidder. Additionally, a new status hearing date of November 19 at 10 AM via ZOOM was set. The Clerk was directed to send notice to the person who bid.
How special is it that the legislative body, the County Board, still has no legal representation in this case along with the County Chairman, yet now an outside party, the Circuit Clerk, knows who the bidder is before the very body vested with the power to manage that bid?
The order to not disseminate the “information of the sole bidder” is an interesting order. Interesting because it does not indicate to not disseminate the amount bid.
The agenda for this Thursday night’s regular county board meeting now has an agenda item to discuss and vote to rescind the Farm Sale resolution.
Considering the county has a bid, assuming it’s a qualified bid, any vote to rescind the resolution may well place the county in a real legal quagmire as the bidder has legal rights to the property if they met the criteria of the bid publication/resolution.
More importantly, under Roberts Rules of Order, a motion to rescind is not permitted when something has been done, as a result of the vote of the main motion, that is impossible to undo. What has been done as a result of the main motion?
- Surveys
- Appraisals
- Bid Publications
- Bids Received
All of those things are impossible to undo. That being the case, it appears any motion to rescind is not permitted under Roberts Rules of Order, specifically rule 35:6(b).
We have never seen so many court hearings and orders issued in a case where two of the defendants have yet to be appointed legal counsel.
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