City of Shelby Sued for Discrimination, Defamation!!! City Manager Rick Howell Sued too. Individually!!! Shelby and Howell look like they are “about to be broke from suckling eggs”

Besides the egregious LGBTQ-Murder cover-ups at DSS, the Millions of taxdollars defrauded from taxpayers by the American Legion World Series and the defeat and disgrace of former Commissioner Chairman Eddie Holbrook–this Federal Lawsuit against the City of Shelby and the City Manager, Rick Howell-personally, is the biggest scandal to hit Cleveland County in a very long time. And to use a very very old but appropriate phrase, Holbrook, Shelby and Rick Howell are “about to be broke from sucking eggs. The County may be next.

First, some brief background information:

Mr. Willie Green:
• Mr. Willie A. Green is a former standout NFL professional football player with several teams, notably with the Denver Broncos and the Carolina Panthers. Including TWO Superbowl Rings with the Broncos. While with the Panthers, Green earned the nicknamed ”the Mayor or Shelby” due to his unusual civic involvement there. After football Mr. Green became a corporate Vice-President as well as the President of the Retired NFL Players Association in North and South Carolina. Source-Wikipedia, etc.

• IN regard to Mr. Green’s civic involvement, he proposed to Cleveland County a few years ago a program called Cleveland County Promise. A concept of a corporate and county involvement that would fund college educations for qualifying Cleveland County students. Commissioners Eddie Holbrook and Jason Falls, along with Dr. Steve Thornburg killed the idea by demanding that all students attend college only at Cleveland Community College-which limited the effectiveness and scope of the program. Later Gaston County would adopt such a program.

• Mr. Green also proposed to both the City of Shelby as well as Cleveland County to build a “Sports Complex” for local athletes as well as providing a
• Probably the most important factor in this lawsuit is Mr. Willie Green is an Afro-American who has earned his money from outside Cleveland County.

Cleveland County and the City of Shelby:
• Since Re-Construction Cleveland County has been a “hotbed” of Ku Klux Klan activity. The saying, often inscribed on tombstones, “He Was A Good Democrat” was “Code” for being a KKK member.

• As a provision of the Civil Rights Act of 1964 Cleveland County was one of 40 counties in North Carolina on a Department of Justice “Watch List” for dissimilatory political practices. Cleveland County was removed, probably prematurely, just a few years ago.

• Cleveland County was sued by the local NAACP in the mid 1990’s because a black candidate had never been elected as a county commissioner. The County settled the case by agreeing to appoint two black county commissioners (Bobby Malloy and Mary Accor) as well as limiting white voters to a fraction less than one for each white vote. A citizens group quickly formed and sued that this “settlement agreement” was unconstitutional. And won. Malloy and Accor were removed from the Board of Commissioners and the settlement agreement was voided.

• Willie McIntosh ran for County Commissioner and won. Becoming the first ever duly elected black Commissioner. McIntosh later became the President of the Cleveland County NAACP.

• While under the DOJ “Watch List” and beyond, a system of “Plantation Politics” was developed where the “white” Shelby businessmen would select certain “black” leaders and turn them into “Uncle Toms” that would serve the white purposes. This Plantation Politics was very evident in the 2018 Commissioner’s Race, Democrat Primary and General Election in the failed effort to get Commissioner Chairman Eddie Holbrook re-elected.

• Over the past years Cleveland County has entered into a number of so-called “Partnerships.” Some partnerships were secret partnerships like the “New Grass Brewery.” In these partnerships the County would supply the cash and the other partners would reap the rewards. If not in cash profit the reward would be in public standing and esteem. The Earl Scruggs Center, The LeGrand Center, Economic Development, etc. comes to mind. One particularly egregious partnership occurred when the Commissioners gave away the Million Dollar Doran Mill Property, let the others strip all the assets out of the property and sell for scrap (estimated to be around a $million) and then return the property to the county by refusing to pay the property tax. Leaving the county with another $Million cleanup bill. The most egregious “partnership” that was not officially a partnership was with the American Legion World Series. To date around $5,000,000 has been secretly funneled into that financial fiasco. And Counting. All the while falsely claiming that the ALWS was not receiving tax dollars. The County even paid ESPN hundreds of thousands of dollars to cover the ALWS while Commissioner Chairman as well as Chairman of ALWS, Eddie Holbrook and his sycophants, were claiming the popularity of ALWS and advertising sales had brought ESPN to town. Nothing but bald-faced lies from ALWS Baseball, Inc. A company not legally associated with the American Legion, just a non-profit shell company set up to hide cash from the IRS as well as provide confidentiality (hiding places) for the whole Shelby operations. As well as phony in-kind campaign donations from sycophant Stanley Crowder to the Eddie Holbrook Re-Election campaign.

• The City of Shelby, some say mostly run by City Manager Rick Howell, run their parallel “partnerships” with most of the entities noted above that the County is involved in. And more.

• The City of Shelby, Cleveland County and others kill the idea of restoring the Rogers Theater by partnering with the owner because the owner is of the LGBTQ persuasion and not one of the often called “Good-Ole-Boys. The owner decides to restore the old Rogers Theater himself, but puffed up Building Code Violations start popping up from all directions. At present, the Rogers Theater has not been restored and the 2018-2019 Cleveland County Budget, now deleted from the County website, has $6,000,000 in the Workforce Development and Travel-Tourism line item.

Now, along comes Mr. Willie Green. An African-American. Honest, transparent and trustworthy, but no Uncle Tom or Good-Ole-Boy. And not about to become an Uncle Tom or dishonest and not the right skin color to ever be a Shelby Good-Ole-Boy; discovers that the City of Shelby has plans for a “Sports Complex” Public-Private partnership in their official and published “10-Year Plan” that no one else appears to be interested in. So, Mr. Willie A. Green, a retired professional athlete with a desire to give back to the community becomes interested in becoming a part of this “Sports Complex.” A Sports Complex for athletes; designed, developed, financed, administered and operated by a former professional athlete who knows the whets, how’s and whys that are involved with such an undertaking. Not some Good-Ole-Boy, politically connected hack just out for some quick bucks from a hand in the taxpayer’s cookie jar.

Mr. Willie Green, as Mr. Willie Green always does-does his homework first. Facts, figures, plans, options, locations, costs financing etc. Willie Green does his due diligence and woks up his proposal for the City of Shelby as well as Cleveland County.

With all bases covered, Mr. Green first approaches the City of Shelby and Later Cleveland County with his proposals.

Both Shelby and Cleveland County “hemmed and hawed” and “beat around the bush.” With no agreement ever reached. This is where the beginnings of a lawsuit begin with the City of Shelby. What happens with Cleveland County is yet to be seen.

Since the Lawsuit by Mr. Willie Green vs. the City of Shelby and City Manager Rick Howell, individually, has already been filed; let’s have a ge4neral and brief lesson in the basics of the civil lawsuit procedures. This lesson is important in the understanding of what is presently going on between Mr. Green’s lawsuit against the City of Shelby and Rick Howell.

1. First, an aggrieved party files a “Complaint” according to the Rules of Civil Procedure. State and Federal Courts have Rules of Civil Procedures that must be followed very closely. In this case the aggrieved person, called the Plaintiff, is Mr. Willie Green.
2. Next the person or entity that has allegedly caused “harm” to the Plaintiff, called the Defendant, is s officially “served” with Plaintiff’s Complaint. Usually the “Service” is by the County Sheriff’s Department. The Clerk of Court creates a Case File for the lawsuit and ever document that is created has to be filed with the Clerk of Court, who adds the document to the case file.
3. Then, the Defendant has 30 days to “Answer” the Complaint. Such an “Answer” either “admits” or “denies” each of the Plaintiff’s numbered allegations, often with a bit of clarification for each admission or denial. Often a “Counter Claim” may be prepared by Defendants and the Answer and Counter Claim us returned to the Plaintiff.
4. During the Complaint-Answer Process, or shortly thereafter there is a process Called “Discovery” where each party, Plaintiffs and Defendants, in accordance with the Rules of Civil Procedure, requests information from each other in regard to proving or disproving the merits of the lawsuit.
5. Often, during this period, a “mediator” is appointed by the Judge to mediate or “settle” the case dispute in some kind of agreed upon manner.
6. If the case cannot be settled, it goes to trial. Trial by Judge or Trial by Jury as might be the case.
7. If the case goes to trial, each side may produce witnesses or document to help make their case.
8. Once the trial concludes and all the evidence is introduced, the Judge or the Jury makes a decision in the case.

Usually there are numerous issues in the case that each side introduces in the form of a “Motion.” These motions are introduced anywhere after the case is served on the defendants and each motion must be heard by the judge and decided upon before the case progresses as noted above. Oftentimes the defendants will make many more motions that plaintiff, either to extend the dime it takes to get to a final judgement. Frivolous and an excessive number of motions are often filed to maximize legal fees for the opponent in the case, especially if one party has more money than the other party, to run the opponent out of the case because of the lack of funds required to obtain a final “justice” in the matter.

Now, for the Case of Willie Green vs. the City of Shelby and Rick Howell individually.

The original Complaint filed by Mr. Green is at the end of this article, along with other documents relevant to the case. We will summarize the case as we go along, but don’t believe a word of this summary. We recommend you read the documents and come to your own conclusions. YOU be a Jury Member in this matter.

Summary of Mr. Green’s Complaint:
1. Mr. Green’s Proposal to provide a Sports Complex in general accordance with Shelby’s 10-Year Plan was provided to the City of Shelby and despite good faith efforts by Mr. Green, no agreement was ever reached. Such provision would be the first “partnership” with the City of Shelby and an African-American person.
2. After two years of trying, Mr. Green’s proposals were never accepted and no good reason why was ever offered by =Shelby.
3. In the mean-time Mr. Green personally purchased 16.68 acres of prime property for the proposed Sports Complex.
4. Good faith efforts by Mr. Green were met by bad faith efforts by the City Counsel as well as Rick Howell in regards to negotiating an equitable arrangement for Mr. Green to partner with Shelby in providing a Sports Complex.
5. City Manager Rick Howell issued written correspondence to the city council that damaged and defamed Mr. Green. With malice and corrupt intent in acts outside and beyond the scope of his (Howell’s) official duties.
6. Mr. Green also contends that the actions of the Shelby City Counsel and City Manager Rick Howell were motivated by racial discrimination.
7. In general Mr. Green alleges Racial Discrimination and Libel per se (against Rick Howell Personally. Rick Howell’s allegedly libelous document is also found at the end of this article.,

Lawsuit Status:
1. Mr. Green originally filed his lawsuit in the North Carolina State Court to be tried in Shelby, NC on November 7, 2018.
2. The Defendants filed a Motion to Dismiss the case allegedly because the Sheriff’s Department “served” the complaint on Shelby City Employee Carol Williams who they allege was the “wrong person”
3. The Complaint was served on the “right” person and the case was not dismissed.
4. The City of Shelby and Rick Howell (foolishly?) had the case moved to the Federal Courts in Asheville, NC. And again filed Motions to Dismiss in case the Plaintiff failed to upgrade his Complaint to the Federal level. All the while delaying filing their “Answer” to Mr. Green’s Complaint.
5. Mr. Green’s attorney made all the necessary paperwork adjustments for Federal Court well within the allotted time. The case was not dismissed.
6. The City of Shelby And Rick Howell file Memorandum’s of Law alleging that they are immune from “prosecution” in this matter and again file Motions to Dismiss the case.
7. The cases have not been dismissed because of any motions by defendants. Defendants have NOT filed their answer to Mr. Green’s Complaint.
8. Note on the first page of Defendant’s Motion to Dismiss that Defendants always ask to defer answering the Plaintiff’s Complaint.

This is where the lawsuit stands right now. The Federal Court in Asheville will hear Defendants Motions and Motions to Dismiss as the Federal Court Calendar allows. Which will take some time. The lawsuit has NOT been dismissed and Shelby and Howell have NOT answered the Complaint. Meaning they have not admitted or denied their guilt. My conclusion is Shelby and Howell are stalling for time and running up Mr. Green’s attorney fees. I consider this an admission of guilt on the part of the Shelby City Counsel as well as Rick Howell.

Mr. Green, on February 26, 2019 made the following Notice to the Media that has been aired in part by WBTV TV 3 and now by this more expansive and researched article.

From Willie Green–2-26-2019:
Members of the Media,

It’s my understanding several of you would like to discuss my civil complaint against the City of Shelby and City manager Rick Howell. While I can’t discuss the specifics of my lawsuit and since they are now public documents, I can provide you with my complaint filed in December of last year, the email from the City Manager to the City Council and the City’s response to our complaint. (Please see the attached documents). And I would ask that you contact my attorneys at The Freedmen Law Group at 704-271-2048 or by email for further comments.

Most of you that have been following my efforts to build a sports complex to train our local athletes and to host weekend travel ball tournaments in Cleveland County, know through your communications with others, that there has been an ongoing effort by some of the powers to be and some elected officials to undermine my project. We all have heard the chatter, but could never validate those false claims until we were able to obtain the April 17, 2018 email of a City Administrator given his personal assessment in an email available to the public and our City officials supporting his personal assessment without any proof of my financial status, or showing a history of me engaging in criminal activity.

As a respected minority business owner, this should not be tolerated where a person is judged by the color of their skin, or because it’s not your idea and it should especially not be tolerated by our elected officials to demean and defame members of the community, who are trying to do business in that community. If this can happen to me, it can happen to other legitimate business owners.

Willie A. Green, Sr.

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[gview file=”https://citizensforgoodgovernment.org/online/wp-content/uploads/2019/03/April-17-2017-Email-from-Rick-Howell-to-The-City-Council.pdf”]

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