Kitchens dismisses company's suit against city

March 20, 2013 10:27:18 AM



A lawsuit against the City of Columbus has been dismissed.  


Circuit Court Judge Jim Kitchens dismissed a suit last Thursday filed by Columbus Cheer Company against the City of Columbus, Mayor Robert Smith, former superintendent Del Phillips and current superintendent Dr. Martha Liddell, as well as current and former members of the Columbus Municipal School Board.  


Filed in July, the suit alleged that the Columbus Municipal School District engaged in breech of contract when it denied Columbus Cheer Company the use of a school-owned facility after a contract had been signed.  


The suit states that Columbus Cheer Company first rented the auditorium as a practice space in February 2012. The suit alleges that the contract was revoked due to personal influence by Mayor Smith.  


City attorney Jeff Turnage moved to dismiss the lawsuit after Monique Montgomery, the attorney representing Columbus Cheer Company, sought to amend the lawsuit and add additional parties.  


In his summary judgment, Judge Kitchens ordered the case be dismissed under the grounds that adding additional parties to the suit violated the Mississippi Tort Claims Act