FIRM NEWS
Listed below are some recent cases and matters handled by the firm. While not every case can be won, the matters listed below are representative of the types of cases Mr. Henry handles and the results he obtains.
Judgment in Property Tax Appeal Trial
Representing the Morgan County Board of Tax Assessors in the trial of an appeal of a real property ad valorem tax assessment, Mr. Henry obtained a judgment in the Board's favor. The taxpayer appealed a 2007 assessment, claiming a value more than 20% lower than assessed by the Board of Tax Assessors. At the trial's conclusion, the Board's assessment was affirmed.
- June 25, 2008
Construction Defect Case Settled for $600,000.00
On behalf of his client, Morgan County, Mr. Henry was able to obtain $600,000.00 in a complex construction case against the general contractor hired by the County to renovate the County's historic courthouse. After significant delay, added expense, and demands by the contractor for more money, the County terminated the contractor, in order to complete the work itself. As the County began to assess the incomplete work, it discovered numerous defects in the building. Eventually, the County was able to correct the contractor's deficient, defective and incomplete work, and it filed suit against the contractor. During litigation, the contractor demanded $700,000.00 from the County, but ultimately it paid the County $600,000.00, and the County paid the contractor nothing. For an online news article on this settlement, see the Morgan County Citizen.
- May 8, 2008
Bond Validation and Issuance for Building Authority
Mr. Henry served as counsel for the Morgan County Building Authority in a recent revenue bond validation and issuance of $19,000,000.00 for the purpose of purchasing land and constructing a new county jail. The bond issuance was so successful, that the Building Authority actually received more funds from the sale of the bonds than the total amount for which the Building Authority is indebted, resulting in a significant savings to Building Authority and Morgan County.
- November 20, 2007
Judgment Obtained in Title Dispute
On behalf of Morgan County, Mr. Henry Filed suit against neighboring landowners of county property who claimed title to a portion of the county's property. The Superior Court agreed with Mr. Henry, granting judgment in the county's favor, declaring the disputed portion of property to be the County's. This case is currently on appeal to the Georgia Supreme Court.
- August 16, 2007
Residential Contractor Ordered to Pay Judgment and Attorneys' Fees
Mr. Henry filed an action against his client's homebuilder, who continually failed to complete items on the homeowners' punchlist and defectively constructed other portions of the home. The Superior Court granted judgment in the homeowners' favor, ordering the homebuilder to pay for the incomplete work, the cost of repairing the defective work, and the homeowners' attorneys' fees.
- July 18, 2007
Fraud Judgment Against Contractor
A contractor took over $50,000.00 from Mr. Henry's client to build a barn, but the contractor only completed a small fraction of the work before quitting and refusing to return the client's money. Mr. Henry secured a judgment against the contractor on several counts, including fraud, resulting in an award to Mr. Henry's client of actual damages, punitive damages, and attorneys' fees.
- July 18, 2007
Supreme Court Unanimously Affirms Ruling
Morgan County won a lawsuit filed by EarthResources (Morgan County) LLC, seeking to construct a landfill on property not zoned for such a use. Mr. Henry filed a motion for summary judgment on behalf of the County, which the Superior Court granted, effectively dismissing the landfill lawsuit before it could reach trial. The County was also awarded its attorneys' fees and litigation expenses against EarthResources, which rarely occurs in Georgia's state courts. After hearing EarthResources' appeal, the Georgia Supreme Court unanimously affirmed the Superior Court's ruling, agreeing with Morgan County. EarthResources, LLC v. Morgan County, 281 Ga. 396, 638 S.E.2d 325 (2006).
- December 15, 2006
Court of Appeals Reverses Lower Court - Personal Injury Case Settled
The Georgia Court of Appeals reversed a lower court's ruling against Mr. Henry's client in a personal injury/property damage case. The lower court's ruling ended the case, which arose out of an automobile collision with a cow that escaped from a landowner's property and wandered onto the highway. After the Court of Appeals reversed the lower court, reviving the case, the landowner's insurer agreed to settle the case. Hoeflick v. Bradley, 282 Ga. App. 123, 637 S.E.2d 832 (2006).
- October 30, 2006
Real Estate Lawsuit Settled
Mr. Henry recently obtained a favorable settlement for his client, the largest real estate broker in the Lake Oconee area, against some former agents who left the company to go to work for a competitor. The agents improperly contacted realty company's clients to solicit them to break their exclusive listing agreements with the realtor. After filing suit and engaging in extensive discovery, the agents agreed to pay their former employer a substantial sum to compensate it for its damages and to avoid further litigation and a trial.
- May 26, 2006
Insurance Dispute Settled - Trucking Accident
An insurer for Mr. Henry's trucking company client agreed to settle several lawsuits against the trucking company arising out of a multi-vehicle wreck involving a school bus carrying special needs children. The insurer initially denied coverage for the accident, which potentially exposed the trucking company to millions of dollars in damages. After a sustained court battle, the insurance company finally agreed to accept coverage and pay the injured plaintiffs on behalf of the trucking company, as well as reimbursing Mr. Henry's client for its attorneys' fees.
- April 18, 2006
Supreme Court Unanimously Reverses Lower Court
Representing Morgan County, Mr. Henry successfully convinced the Georgia Supreme Court to unanimously reverse a lower court ruling that would have cost the County hundreds of thousands of dollars. In Morgan County Bd of Comm'rs v. Mealor, 280 Ga. 241, 626 S.E.2d 79 (2006), the Supreme Court agreed with Morgan County that its former Superior Court Clerk was not entitled to participate in the County's pension plan because the former clerk already had a state pension that was funded, in part, by the County. Had the lower court's ruling been affirmed, Morgan County would have been required to retroactively include the former clerk and several other current and former constitutional officers in the County's pension plan, which would have cost taxpayers approximately $250,000.00.
- February 27, 2006
Personal Injury - Trucking Wreck Settlement
The insurer for a trucking company agreed to pay Mr. Henry's client for injuries to his neck and back sustained in a rear-end collision caused by the trucking company's driver's failure to stop in time to avoid the wreck. The insurer agreed to settle the case shortly before it was scheduled to go to trial.
- January 23, 2006
Trucking Accident Case - Settled
A personal injury claim of a plaintiff against a trucking company represented by Mr. Henry was settled for a nominal amount on the eve of trial. Rather than go to trial, the plaintiff accepted less than 10% of what she demanded as a settlement from Mr. Henry's client.
- 2005
Commercial Litigation - Trucking Company Assets Awarded
Mr. Henry was able to procure a court order dissolving a local trucking company and distributing its assets almost exclusively to Mr. Henry's clients, who were the majority shareholders of the small corporation. In the courtroom shortly before the trial was to begin, the defendant shareholder agreed to dissolve the corporation and split the assets on terms favorable to Mr. Henry's clients.
- 2005
Personal Injury - Premises Liability Settlement
Mr. Henry settled a personal injury, premises liability claim for just under six figures on behalf of a client who suffered several broken bones in his leg caused by a fall from the defendants' deck. The deck railing was improperly and insufficiently anchored to the deck, allowing an entire section of railing to fall 15 feet to the ground, along with the injured client. After filing suit and engaging in extensive discovery, including the hiring of expert witnesses, the defendants' insurer agreed to settle the case, rather than go to trial.
- 2005