OVG Says Complaint About Contract Comes too Late

The company that has an agreement with the County to book entertainment events for MetraPark has filed a brief with the court to dismiss a request to amend the original suit which would allow a request to invalidate their 18-month-old contract.

OVG (Oakview Group) claims that for whatever reasons that Billings attorney, Gene Jarussi, believes the contract should be voided, the legal period in which to challenge the contract is far beyond the 30-days allowed by law, and even if the court granted the request, it would render no benefit – it would be “futile.” The County and OVG signed the contract on July 27, 2021.

Jarussi initially filed suit in 13th District Court, against Yellowstone County and OVG in mid-September 2022, regarding a request for proposals (RFP) to select a private company to manage MetraPark. Jarussi’s complaint charged that two county commissioners had illegal contact with OVG during the bidding process which is prohibited by law.  

In a court response to Jarussi’s complaint, the county said they were dropping the RFP to seek a private management company. The county then beseeched the court to dismiss Jarussi’s case, because —  since there was no longer an RFP the case was rendered “moot.” 

On November 10, Jarussi filed a brief asking the court to allow him to amend the original complaint, so he could ask the court to invalidate a previous agreement the county made with OVG to book entertainment events for MetraPark. He also said that the court should not dismiss the case because even though the county dropped the RFP, there were other issues in his original complaint that should be addressed.

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