LHVFD will dissolve after reaching settlement in lawsuit against attorney
The Liberty Hill Volunteer Fire Department has reached an out-of-court settlement in its lawsuit against Austin Attorney Ken Campbell, who previously represented the LHVFD and the Williamson County Emergency Services District #4.
With its business concluded, the LHVFD will dissolve itself and distribute any remaining assets according to the wishes of the remaining board members.
The legal issues began in 2009 when WCESD #4 terminated its contract for services with the LHVFD and fired longtime Chief James Pogue and his wife, Leslye, who served as an administrative assistant in the department. The Pogues were charged criminally for misappropriation of fire department funds and their cases were left pending for two years before they were cleared of all wrongdoing by then Williamson County Attorney Jana Duty in February 2011.
The LHVFD alleged in its lawsuit, which was originally filed against WCESD #4 and Campbell, that the ESD breached a five-year contract it had with the LHVFD to provide fire and emergency medical services to the Liberty Hill fire district. The lawsuit also alleged fraudulent misrepresentation in the transfer of ownership of the fire station to the ESD in 2008 as Campbell appeared to be representing both entities simultaneously.
A State Bar panel in November 2010 affirmed a Bar Greivance brought against Campbell and reprimanded him for “professional misconduct.” The grievance included the charge of dual representation.
A Williamson County District Judge ruled in December 2009 that the ESD had sovereign immunity and could not be sued. The LHVFD’s lawsuit continued against Campbell, however, until a settlement was reached in May.
“The Liberty Hill Volunteer Fire Department has recently concluded all outstanding litigation involving the Emergency Service District #4, et.al. All matters involving these parties are resolved,” said LHVFD Attorney John Henry.
Henry would not release the terms of the legal settlement with Campbell.
“With these matters concluded, the Board of Directors for the LHVFD has unanimously elected to voluntarily wind up and terminate the LHVFD and distribute all remaining assets,” Henry said.
Henry said the LHVFD will begin the process of paying all liabilities and obligations of the corporation.
The law firm placed a Legal Notice in today’s edition of The Independent outlining the procedures for those who may have financial claims against the LHVFD.