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Texas Campground Suit Settled Out of Court

July 10, 2009 by   - () Leave a Comment

The lawsuit by Rusk, Texas, to remove a recreational vehicle park has been settled – although one city official said only the defendants’ attorney gained from the disagreement. 

City Manager Mike Murray confirmed Friday (July 3) that the suit against W.R. and Kevin Bowden is finalized, according to the Rusk Cherokeean Herald

“The RV park has been removed as we originally asked. Our lawsuit against the Bowdens was to enforce the zoning ordinances, in which we prevailed in. Later, the Bowdens countersued, bringing the insurance company into the picture,” said Murray. 

The city filed its suit against the Bowdens Jan. 9, 2007, concerning the location of recreational vehicles on North Main Street. Later, the Bowdens filed a countersuit against the city. 

“We paid our attorney, Eric Penn, between $10,000 and $12,000,” Murray said. Forrest Phifer, then city attorney, was unable to represent the city because he had previously served as Kevin Bowden’s attorney. 

After the Bowdens filed their countersuit, the city’s insurance carrier, Texas Municipal League (TML), represented the city. 

In the settlement with the Bowdens, TML paid an estimated $20,000 to cover the legal fees by the Bowdens’ attorney, Steve Guy. 

Fines for the location of the RV park totaling more than $16,000 were never paid to the city. 

“The city paid nothing out of pocket to settle this suit, except its own attorney fees. In my opinion, other than the city prevailing in its contention that an RV park was not allowed at that location, the lawyers were the only monetary winners in the case,” Murray said.

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