As originally reported in the May 31 edition of the Nevada County Picayune, a potential civil lawsuit against the Nevada County Quorum Court was finally filed last Monday claiming defamation of character by plaintiffs, who have been long time vendors for Nevada County.

As originally reported in the May 31 edition of the Nevada County Picayune, a potential civil lawsuit against the Nevada County Quorum Court was finally filed last Monday claiming defamation of character by plaintiffs, who have been long time vendors for Nevada County.   
M&M Wrecker co-owners Donny McGuire and Nicky McGuire filed the suit July 24 claiming the Nevada Quorum Court defamed their company after it sold the county a used road grader. The lawsuit is seeks judgement against the Nevada County Quorum Court as well as attorney’s fees and court costs.
Justin B. Hurst of the Hurst Law Firm in Hot Springs filed the suit in behalf of McGuires, and it basically names as the defenders the entire slate of Nevada County Justices, including Dennis Pruitt, Willie Wilson, Ryan Harvey, Curtis Lee Johnson, Bob Cummings, Herbert Coleman, Kenneth Baily, George Smith and Brenda Stockton.
The lawsuit, however, did not name Nevada County Judge Mark Glass.
As previously reported by several regional media outlets, including the Nevada County Picayune, the genesis of the dispute occurred at the May 9 public meeting of the Nevada County Quorum Court, which District 8 Justice Smith openly questioned county purchasing practices in general, and the purchase of a 2012 grader from M&M Wrecker in particular.
At that time, Smith expressed concerns during the open meeting about the $122,000 price of the used grader, and he questioned why the expensive equipment wasn’t placed out on competitive bid.
During the same open meeting, M&M Wrecker co-owner Donny McGuire publicly addressed the full Quorum Court, and announced that his company had, in fact, sold the grader to the county.
McGuire’s lawsuit claims that “McGuire learned Nevada County was looking for a road grader and found one. McGuire purchased it from another party, contacted Nevada County to see if the county still needed or wanted it. He was informed the county was still in the market for a grader and the two parties reached an agreement with the county paying the agreed upon price. The county got bids for a grader and received two bids, with McGuire’s being the lowest.”
Although naming all the Nevada Justices, the general language of the lawsuit singles out Smith by name several times, saying “defendants and Smith began to publish mistruths about the McGuire’s to third parties concerning the deal.”
The lawsuit also claims that Smith “misstated the truth and lied to the Nevada County Picayune about the transaction between defendants and plaintiffs.”
The lawsuit also says that “George Smith and the defendants made the statements in a known public area to third parties with the intent for third parties to hear and read their defamatory statements.”
The lawsuit claims the McGuires and their business have “suffered severe damage” citing an “Invasion of Privacy,” in drawing publicity to their business transaction with the county, which they said have placed their business in false light.
The lawsuit, however, did not appear to make a monetary statement of either the “severe damages” or specify any lost business within the Prescott community or the Nevada County Quorum Court.
During his speech to the Justices on May 9, Donny McGuire spoke to a number of business transactions and in-kind aid that his shop provided the county over the years.
In an interview with the Picayune three weeks after the May 9 meeting, Glass said Nevada County has enjoyed a good working and business relationship with M&M Wrecker over the years, and he continued to maintain the two had a good relationship.
“They’ve done a lot of work of us.  They’ve been really good to help us with diagnostic equipment and helping us out with our trucks,” he said.
During a follow-up interview after the May 9 meeting, Smith said “I never mentioned M&M Service and Wrecker by name during the meeting; Donny McGuire got up and said his and his brother's business was the one to which I was referring.”
Regarding the potential lawsuit afterwards, Smith said “Threatening to sue is an old tactic used to scare people off, to assist in salvaging a situation that has gone sour.”