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(File Photo) District Judge Phillip Gregory ruled in favor of the City of Breckenridge Thursday morning, Oct. 2, granting the city’s request for default judgement against sitting city commissioner Greg Akers.
A default judgment was granted last week in the case between the city of Breckenridge and a sitting city commissioner.
The city of Breckenridge received a favorable ruling Thursday, Oct. 2 from 90th Judicial District Judge Phillip Gregory, granting the city’s request for a default judgment against Gregory Akers. The court ruled that the city is entitled to recover over $13,000 from Akers.
The case centers on a failed agreement to construct fencing for a proposed dog park. The city alleged that Akers accepted a $6,076.24 down payment in April of 2024 to install fencing for the proposed dog park, but never delivered materials or began construction.
The judge ruled in favor of the city’s request after Akers failed to respond to the city’s civil complaint filed in July.
The city will recover $6,076.24 in actual damages; $62.43 in prejudgment interest; $6,955 in attorneys’ fees for trial-level proceedings; post-judgment interest at the rate of 7.5%; and court costs.
If the judgement is appealed, Akers would be required to pay an additional $5,000 in the event of an unsuccessful appeal to the Court of Appeals; $2,500 in the event of a Petition for Review to the Texas Supreme Court, wherein Plaintiff prevails; $5,000 in the event of briefing on the merits in the Texas Supreme Court, wherein Plaintiff prevails; and $3,000 in the event of an oral argument in the Texas Supreme Court in which Plaintiff prevails.
The judgment follows months of stalled negotiations and two formal demand letters sent in May and July. City Manager Cynthia Northrop confirmed in a sworn declaration that the project was informally bid out and that Akers’ company, Akers Investments LLC, was selected to build the fence for $24,304.94.
The city agreed to a 25% down payment, which was paid April 30, 2024, and despite repeated requests, no work was performed and no refund was issued. The city commission authorized legal action in June, with Akers abstaining from the vote.
Akers was elected to the city commission in May 2024 after submitting the bid.
The proposed dog park is planned for a lot owned by the city between Elliott and Gaddis Streets and Robert and Dunnigan Avenues, southwest of the city park.
