A civil lawsuit filed on behalf of a former Shelbina City Marshal against the city was dismissed last week.
Circuit Court Judge Frederick Paul Tucker ruled against Daniel Dovin on Dec. 14 in case number 20SB-CC00012.
According to court documents, Dovin originally filed the suit on Oct. 19 alleging his opponent in the 2018 municipal election of not having met pre-election eligibility criteria as required by law.
Specifically, Dovin asserted the city failed to require then-City Marshal Jerry Fenton to affirm he was current on various taxes. Dovin alleged Fenton was not.
Fenton defeated Dovin in the 2018 election. Fenton resigned in October of this year. He was replaced on an interim basis Nov. 1 by Jeff Brown.
Dovin alleged the city cost him four years of the City Marshal’s salary.
The Judge disagreed and dismissed the case with prejudice. According to the Missouri Revised Statutes 56.087 section 3, a dismissal with prejudice means that the prosecutor or circuit attorney cannot refile the case.
Dovin sought unspecified damages along with interest and costs.