Hearing in Clyatt vs. Grady EMC being rescheduled, judge is named
A hearing on a lawsuit filed against Grady Electric Membership Corporation challenging its removal of the former District 6 board member originally scheduled for last Thursday was not held as planned.
Superior Court Judge Heather Lanier recently recused herself and the case has been assigned to Senior Superior Court Judge H. Arthur McLane.
Judge McLane was also the judge in the lawsuit filed against Grady EMC by EMC District 3 Director Hestell Donaldson challenging the EMC board’s action in changing the co-op’s bylaws in order to make former District 5 director Earl Stuckey qualified to serve. McLane ruled the board acted improperly and Stuckey ultimately resigned on Jan. 9.
Stuckey has been replaced by Sammy Perkins, a local farmer, who was recently appointed by the board to serve out the remainder of Stuckey’s term.
Gordon Clyatt filed suit Dec. 27, 2018 challenging his removal as the District 6 director.
In the Clyatt matter, the board voted last September to remove Clyatt after he requested the electric service at his principle residence be put in the name of his wife. Cairo attorney Thomas L. Lehman, who not only represented Donaldson, but also represents Clyatt, argues that the Grady EMC bylaws do not require that board members have service in their name at their primary residence, but only require them to reside at that residence. Three other Grady EMC meters at the Clyatt’s address are in the name of Gordon Clyatt, according to Lehman.
The board, at that same meeting last September, voted to appoint James Hammett to replace Clyatt, who has been an outspoken critic of the management of Grady EMC.
Lehman told The Messenger he had learned this week of Judge McLane’s appointment to the case and he anticipated a new hearing date would be set shortly.