JEFFERSONVILLE — Clark County’s Board of Aviation Commissioners attorney was apparently fired and a lawsuit was filed against him following a disputed land acquisition that will cost the county more than $840,000.

The Clark County Commissioners and Board of Aviation Commissioners were named as the plaintiffs in a legal malpractice suit Wednesday against former Air Board Attorney Jack Vissing. According to the complaint filed in Clark County Circuit Court No. 4, Vissing failed to object to Margaret Dreyer’s filing of an exception to the appraisal value of her property.

The Air Board purchased a series of tracts of land from Dreyer at the end of a proposed runway expansion at Clark Regional Airport. But the value of 72 acres along Bean Road was disputed. A large disparity in the value of the land was argued in court and a jury ruled that the property was worth $865,000. That ruling was upheld by the Indiana Court of Appeals in December.

The Clark County Commissioners attempted to enter into the legal battle by filing another challenge, that the exception to the value initially offered to Dreyer was not flied within an appropriate time frame. Commissioners Attorney Greg Fifer filed the suit on behalf of the county arguing that the court should not have heard the case because neither Dreyer, nor her attorney, filed a written exception to the initial appraisal amount within 20 days.

Clark County Circuit Court No. 2 Judge Jerry Jacobi’s ruling in that case also went against the county, which essentially said the county was too late to seek relief, and it has until June 28 to file an appeal.

Fifer said Vissing is being sued for his failure to cite that Dreyer’s written exception was not filed within the 20-day window. He added that he notified Vissing on Monday that he was no longer the air board’s attorney.

“Since I knew we were going to be filing that suit ... I used my discretion and advised him he was terminated,” Fifer said.

The Clark County Commissioners passed an ordinance — 23-2012 — at their May 24 meeting which grants the county attorney approval over the legal representatives hired by another county governmental agency.

But Vissing said he is still acting as the air board attorney and that his employment is to their discretion.

“Fifer has no authority to hire and fire me,” he said.

Vissing said the statute that creates the air board gives them the authority to hire their own counsel. He added that there is legal precedence that the decision lies with the air board.

But Fifer said the air board knew the lawsuit was coming.

“They have been made aware of my intent to file this,” he said.

Calls made to air board members were not returned as of press time.

The air board already paid Dreyer $203,605 for the land, but with the jury verdict they were responsible for a $661,395 remainder. Since the verdict was reached, attorneys fees and interest have continued to accrue, leaving the county owing $841,000, as of the end of May.

In the filing, the relief Fifer is seeking is that Vissing pay that remaining amount.

“Because Vissing missed a jurisdictional statute he should be responsible for any money over that amount,” Fifer said. “Everybody was in agreement that the taxpayers shouldn’t have to pay,” he said referring to the commissioners and the Clark County Council.

Vissing said this in not the way the county should seek relief and it is wasting time and money. He offered that the county should seek a judgment mandate to be able to pay the amount owed to Dreyer and seek a grant through the Federal Aviation Administration — which is putting up $11 million for the runway expansion project — to cover the mandate expenses.

Time has become an issue for the county because if they do not pay for Dreyer’s property within a year from the date the court of appeals’ decision was reached — Dec. 14, 2011 — the interest in the property is forfeited back to the owner, along with the $203,605 already paid.

“We have a problem that needs to be addressed,” Vissing said. “[This is] not the way to do it.”