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East Central Reporter

Friday, November 15, 2024

Shelby County faces legal complexities over farm sale bid process

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Brian McReynolds Shelby County Sheriff | Official Website

Brian McReynolds Shelby County Sheriff | Official Website

According to the judicial docket entry for Shelby County, a judge opened the single bid received for the sale of a farm. This was done in the presence of Shelby County Sheriff Brian McReynolds and Shelbyville Police Chief Brachbill.

The court has ordered that the Circuit Clerk send the sealed bid information to attorneys of record, including State’s Attorney Woolery, Attorney Stocks, and Attorney Hanlon. The attorneys have been instructed not to disseminate information about the sole bidder. A new status hearing is scheduled for November 19 at 10 AM via Zoom, and the Clerk is directed to notify the person who placed the bid.

Questions arise regarding why the legislative body, namely the County Board, still lacks legal representation in this case along with the County Chairman. Meanwhile, an outside party, specifically the Circuit Clerk, is aware of who placed the bid before those responsible for managing it.

The order not to disseminate “information of the sole bidder” raises questions because it does not specify whether or not to share details about the amount bid.

An agenda item for this Thursday night's regular county board meeting includes discussing and voting on rescinding the Farm Sale resolution. Given that there is a bid—assuming it qualifies—rescinding could place Shelby County in a legal dilemma since bidders have rights if they meet publication/resolution criteria.

Moreover, under Roberts Rules of Order, a motion to rescind is not allowed when actions taken due to a main motion cannot be undone. This situation appears applicable here under rule 35:6(b).

There have been numerous court hearings and orders in this case where two defendants have yet to receive appointed legal counsel.

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