Libby city councilor faces lawsuit
Zach McNew, center, sits in his first Libby City Council meeting as a member of the body. (File photo)
A contracting company managed by Libby City Councilor Zach McNew is facing a lawsuit related to an installation project it oversaw.
In a Sept. 17 civil complaint, Tammy Perrin, a Libby resident, alleged Windows, Doors and More carelessly and incorrectly installed shutters and a sliding door resulting in damage to window frames and a wall. McNew, who is running in this year’s municipal election, and his company are named as defendants in the case. Perrin is asking for $5,328 in damages and court costs, according to court documents.
Windows, Doors and More denied all of the allegations in a response to the complaint. McNew was not physically involved in the installation of any items at Perrin’s house, according to the response. The defendants’ rebuttal maintains that Windows, Doors and More correctly and professionally installed the shutters.
In response to damage caused by the sliding door, the defendants claimed Perrin asked Windows, Doors and More to install the door without a bottom track. Not having the track in place allegedly made the door unstable and allowed it to swing. When Perrin reported the damage, Windows, Doors and More allegedly sent a representative the next working day to re-adjust the door.
According to the defendants’ response, the damage amounted to a paint chip. Perrin allegedly told Windows, Doors and More she had the paint she needed to touch up the scratch.
In her complaint, Perrin alleged McNew refused to take her calls to settle the disagreement. Windows, Doors and More claims to have answered and returned all of Perrin’s calls.
Having managed thousands of jobs in the area, McNew said in an Oct. 15 interview that his company was bound to face legal challenges on occasion. Pointing to his company's 10-year history in the area, McNew said he stood by Windows Doors and More and his employees’ work.
McNew alleged Perrin’s complaint was politically motivated saying she had told him “I’ll make sure you’re never mayor.”
Perrin maintained in an Oct. 15 interview that she filed her complaint because of the alleged damage and improper installations. She said the suit was not politically motivated and that the disagreement arose before she knew McNew was running for a seat on the council.
City councilors appointed McNew to his seat on Sept. 20. Perrin said she attended the city council meeting during which McNew received his appointment. She said she would not be deterred in moving forward with her complaint.
“If I have to make it political and bring it up at a city council meeting where he’s present I will do that,” she said.
The suit came just under two years after McNew resolved another civil case related to debts he accrued while financing a construction project. Following a January 2020 non-jury trial, Justice Court Judge Jay Sheffield ordered McNew pay $8,985 in reimbursements and fees. McNew completed the payment with interest by June of that year, according to court documents.
DC Orr, who is running against McNew in a race for three open seats on Libby City Council, has criticized him for his legal troubles on local social media pages.
Orr faces an assault with a weapon or, in the alternative, criminal endangerment after allegedly attempting to run over a woman earlier this year. He has pleaded not guilty to the charge in Lincoln County District Court.
Along with the criminal case, Orr has faced a series of financially related civil suits. In 2014, the state Department of Revenue filed a warrant for distraint against Orr for $3,658.47 in tax debt.
The Montana Department of Labor and Industry filed two certificates of lien against Orr and his excavating company for unpaid taxes in 2010 and 2009. The department released the certificate of liens, which totaled $2,070.48 in 2020.
In 2004, Orr allegedly failed to pay credit card debts. A debt collection agency filed a complaint against Orr for $18,964.75 in debts, fees and court costs. Orr covered the debt by the end of 2005, according to court documents.
Orr said on Oct. 15 that his lawyer had advised him not to comment on past legal suits.
In this year’s municipal election, McNew and Orr are facing off against newcomer Melissa Berke and incumbents Kristin Smith, Rob Dufficy* and Gary Beach.
A cursory review of court documents failed to reveal any lawsuits involving Berke, Dufficy, Smith or Beach.
*A print version of this article failed to include Dufficy in the list of contenders.