Madison County has waged a legal war with former County Engineer Rudy Warnock as both sides have filed lawsuits recently over work products created during his time as engineer.

The two sides had recently been in mediation over unpaid invoices and work products which Warnock had not given the county.

Last Wednesday, Madison County filed in Circuit Court a complaint for injunctive relief and monetary damages against Warnock.

The county's suit alleges that Warnock knew when a new board of supervisors would convene he could become an outgoing professional engineer and he had a duty to protect the safety and welfare of the public and cooperate with any incoming professional engineer.

"Rudy Warnock knew that any refusal to cooperate would jeopardize Madison County's road and bridge repair funding and the safety of Madison County's motorists," the suit alleges. "Nevertheless, Rudy Warnock has refused to cooperate with Madison County's new State Aid County Engineer, other project engineers, and with the new County Road Engineer/Manager."

The county states in its lawsuit that Warnock is not entitled to outstanding invoices and instead, "Madison County is entitled to recoup significant overpayments from Rudy Warnock and Warnock LLC for work billed but not performed and/or overfilled."

The suit alleges that information on State Aid road and bridge projects - 13 in total - and a certificate required by the Mississippi Department of Environmental Quality needed for Sulphur Springs Park has not been released. In addition, the suit outlines four other major road projects including Bozeman Road five-lane, Reunion parkway Phase III, Yandell Road, and North Highland Colony Parkway, where information has been withheld.

The county is asking the court to order Warnock to deliver county plans and other engineering documents prepared while as County Engineer.

It also charges that Warnock is intentionally interfering with Madison County's engineering transition by threatening personnel and independent contractors with litigation.

Warnock sued the county on Feb. 1 in federal court seeking payment of unpaid invoices. On March 24, Warnock amended his complaint in the midst of mediation and sued supervisors and County Engineer Dan Gaillet individually and in their official capacity.

Warnock has filed copyright infringement claims and seeks inductive, declaratory and equitable relief, and for breach of contract and bad faith.

His suit contends the county owes him $1,448,481.28 for 35 construction projects. He claims project-specific contracts were terminated and he did not receive full payment for work.

Warnock claims his work materials were copywriter and requested that Madison County "cease and desist use of their work product."

He claims that work product was continued to be used on projects, including close-out of North Highland Colony Parkway and Yandell Road.

Warnock claims he owns valid copyright on Yandell Road, North Highland Colony Parkway and Bozeman Road. He offered the county the non-exclusive license to utilize the work product in exchange for full payment.

"Upon information and belief, Madison County continues to utilize (Warnock's) plans on several ongoing projects without right or permission, including the use and/or dissemination of (Warnock's) Copyrighted Plans by Dan Gaillet and other contractors, subcontractors, and engineers, and the creation of unauthorized works," the complaint states.

Supervisors discussed the litigation on Monday during executive session but took no action.