A construction company can’t seize city money to collect on a lawsuit it won against Advance Coatings Co., according to documents filed by the New Iberia city attorney.

H&S Construction of New Iberia was awarded more than $40,000 from Advance Coatings in a recent lawsuit and tried to garner it from the city. The city still hasn’t paid everything it owes to Advance Coatings for its 2006 street program, according to court documents.

As of Nov. 19, Advance Coatings Co. owed H&S almost $48,000; as of Dec. 19, 2006, the city still owed Advance Coatings Co. approximately $311,500. H&S filed a motion that the city, instead of paying the complete amount to Advance Coatings, turn the money H&S is owed (along with Sheriff fees and accumulated interest) over to the Sheriff.

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City attorney Theodore Haik on Thursday filed a motion to overturn that motion against the city. The reasoning is that according to Louisiana law, neither the city of New Iberia’s property nor its money can be “subject to seizure.” This is because it is a governmental body.

The City Council had gone into a closed-door session on Tuesday, but would only state that it was for pending litigation. According to R.S. 42:6.1A(2), a public body can go into an executive session to discuss pending litigation “when an open meeting would have a detrimental effect on the bargaining or litigating position of the public body.” When it goes into executive session, however, it must list “a statement identifying the court, case number and the parties relative to any pending litigation ...” according to state law.

That information was released Wednesday morning.

 Haik said Tuesday’s executive session involved a discussion of methodology and strategy. He said additional filings will be forthcoming.

A spokesman for H&S declined to comment on the lawsuit; their lawyer could not be reached Friday.