The City of Willow Park, in a release, said they are “pleased to announce” that the litigation with E.S. & C.M., Inc., a Mid-Cities’ engineering firm, (“ESCM”) has been settled.
The litigation arose from a January 2008 engineering contract between the parties. The City paid approximately $100,000 to ESCM for the work. In March 2011, the then mayor of the city received a demand letter from ESCM for an additional $204,000 and the City elected to dispute this remaining amount claimed for the work performed.
Litigation began in July 2011.
In December 2012, the former District Judge issued a summary judgement against the City, which was ultimately reversed by the new District Judge. In 2013, the then City Council appealed the trial court’s denial of dismissal of the City on sovereign immunity issues. On appeal, the court of appeals issued an opinion in the City’s favor eliminating ESCM’s attorney’s fees and the claims under an oral contract.
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The case was then returned to the District Court for a jury trial on the written contract. On March 27, a jury found in favor of ESCM for a verdict of $183,020. In an effort to close the book on this dispute, which spanned several City Council periods, the current City Council has approved final payment to resolve the case and release the judgment.
The City Council “looks forward to a continued commitment to professionalism and an open public planning process to meet the needs of the citizens of Willow Park.”
Date indicates a May election.
▪ The contract begins in January 2008. Linn Wetwiska was Mayor, Claude Arnold was City Administrator.
▪ The demand letter for payment is made in March 2011. Ken Hawkins was Mayor, Candy Scott was City Administrator.
▪ Litigation begins in July 2011. Marvin Glasgow is Mayor, Candy Scott was City Administrator.
▪ Summary Judgement made in December 2012. Trey Loftin was the 43rd District Judge.
The city is paying the final judgement of $183,020 this week.