Judge dismisses lawsuit against city attorney

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Lawyer: Suit filed to ‘embarrass’ Myles

By Ben Carlson

A lawsuit filed against part-time City of Lawrenceburg attorney Robert W. Myles was dismissed Tuesday in Anderson Circuit Court, but is expected to be re-filed in Shelby Circuit Court.
The lawsuit claimed that a security agreement created in 2004 by Myles for a Shelby County couple was inadequate for the couple to recoup more than $100,000 from the sale of livestock and other items on a three-year balloon payment.
The case was dismissed Tuesday by Judge Charles Hickman following a motion by Myles’ attorney, C. Gilmore Dutton III of Shelbyville.
Hickman ruled that because the transaction occurred in Shelby County and Myles lives in Shelby County, Anderson County is not the proper venue for the case.
Following the dismissal, the attorney representing the Shelby County couple, David Nutgrass, said he now intends to file the suit in Shelby Circuit Court.
In his motion to dismiss, Dutton points out that Myles performed the service for Diane Stucker and her late husband in 2004, and at that time his office and residence were each in Shelby County.
“There does not appear to be any connection with Anderson County other than Robert W. Myles has a part-time job with the City of Lawrenceburg,” Dutton wrote in his motion to dismiss.
“The defendant is at a loss for any reason why the plaintiff would have filed suit in Anderson County other than to cause embarrassment to the defendant or the plaintiff’s unwillingness to drive to Shelby County to file the complaint.”
Myles does maintain a law office in Lawrenceburg. According to business license records on file in city hall, Myles has purchased a city business license in the name of Myles Law Office, located at 100 North Main St., which is the address for city hall.
Myles apparently does not pay rent for the office space, which is located on the third floor.
A check of county business license records revealed that Myles does not have a county business license under his name or for Myles Law Office.
In the lawsuit he filed against Myles, Nutgrass wrote that the Stuckers’ “received no proceeds from the sale of the vast majority of the personal property” sold as a “result of [Myles’] failure to exercise ordinary care in the performance of his duties.”