Judge dismisses lawsuit over Skipper

Published 12:00 am Tuesday, February 17, 2004

VIDALIA &045; No candidates will be taken off the March ballots, at least not as of Tuesday.

Judge Benjamin Bennett dismissed Willie &uot;Bill&uot; Evans’ lawsuit contesting the candidacy of Clarence &uot;PaPa&uot; Skipper, the current Clayton chief of police and a candidate for the same position in the March election, in Seventh Judicial District Court Tuesday.

Evans’ attorney, William Yarbrough argued Skipper’s property is not within the corporate limits of the town of Clayton. Assessor Monelle Moseley testified Dixie Addition, where Skipper lives, is not in the corporate limits of Clayton, &uot;according to all the maps I have in my office.&uot;

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Moseley said she relies on maps drawn by an engineering firm that drew the corporate limit to determine if property is within the corporate limits.

However, Skipper, representing himself, produced his deed that says his property is in Clayton. Also, Skipper testified lot 1 of Dixie Addition, which is part of his property, sits in the city limits of Clayton and his house also sits on lot 1.

Would part of a property being in the corporate limits put the whole deed in the limits?&uot; Yarborough asked. But no one answered the question.

Skipper also produced a picture of him standing along a bayou that is supposed to intersect with the corporate lines, according to the maps Moseley produced. However, in the photograph, Skipper is standing behind the corporate limit sign so within the limits.

But Skipper used an address on Lloyd Street as his qualifying address. The owner, Georgia Washington testified he showed no signs of living there and she did not give him a key to the property. Also, Skipper himself testified he had not been living at the address.

Skipper asked for a dismissal of the case, saying the case was the same as the one Evans brought against him in 2000 and the court ruled in Skipper’s favor then. Evans and attorney Yarborough said it is not the same because each election is a different story. Evans said he thought there was enough evidence to prove his case.

&uot;I’m stunned by the action the judge took,&uot; he said.

Bennett, a retired judge out of Marksville, ruled to dismiss the suit.

&uot;The court is not convinced that anyone at this time knows where the corporate limits of Clayton (are),&uot; Bennett said.

The engineer who drew the maps did not come in to testify where the line lies.

Evans and Yarborough said they were discussing whether to appeal the ruling after the hearing Tuesday but did not confirm their decision.