On the east steps of the Historic Barry County Courthouse Thursday, a piece of property on the square was sold.

The Hall Theatre lot, at the corner of Eighth and West Streets, sold in a public Trustee’s Sale auction for $3,000, purchased by the City of Cassville with bids from City Attorney Don Cupps.

Sheriff Danny Boyd performed the auction after reading the legal description of the property and sale information.

Cupps acted as the attorney for the debtor, requesting foreclosure on the property after Jerry James assigned his promissory note, in the amount of $27,974.99, to the city of Cassville. Cupps further noted anyone who purchased the property would be required to pay unpaid property taxes totaling about $12,000.

Also attending the auction was local resident Carl Schell, who asked if liens and debts against the property would be wiped out by purchase at auction and the winning bidder receive a clean title.

Cupps said the buyer would receive a Trustee’s Deed, or whatever title the sheriff has.

“There is a possibility of debts being wiped out by the foreclosure sale, but there’s no guarantee,” Cupps said.

“You walked around that one,” Schell responded.

“The Trustee can’t guarantee a title,” Cupps said.

Boyd opened the bidding with no minimum. Cupps, on behalf of the city, bid $1,000, and Schell followed with a $2,000 bid. Cupps upped the city’s bid to $3,000, then Schell asked for clarity on who Cupps was bidding for.

Confirming Cupps was representing the city with his bid, Schell did not bid any more, further asking if his bid of $2,000 could be rescinded, which it could not.

Schell said after the auction’s conclusion he would not have bid had he realized Cupps was representing the city from the start.

“I just didn’t want it to get in the wrong hands,” he said.

Cupps said on Monday the debt is owed by the property’s former owner, Travis James, and the purchase of the property will lower the $27,974.99 debt to $24,974.99. Being a foreclosure sale, Cupps said further judgements on the deeds are wiped out.

The Hall Theatre, which burned down in March 2022, was demolished in 2024. The city has about $125,000 sunk into condemnation and demolition efforts.

The property also had more than $340,000 owed in deeds, property taxes and civil judgments levied against it, all of which had priority over the city’s stake.

Arvest Bank, with a $160,000 promissory note, was at the top of the list. Cassville Mayor Jon Horner said the bank gave up its position, moving Jerry James to the top spot, which he assigned to the city.

Horner said before the auction that if the city was able to secure ownership of the property, officials would begin planning what to do with it. Those suggestions and ideas will involve the new 10-member community committee organized by Horner and City Administrator Richard Asbill.

Asbill said the committee will likely meet for the first time this month to begin that process. Members include: Horner; Asbill; Don Cupps, city attorney; Sarah Olson, Roaring River Health and Rehab administrator; Phil Hutchens, former president of Hutchens Construction; Annette Henderson, with Willis Insurance; Cameron Koehler, systems manager at Barry County E9-1-1; Ethan Bohmke, 2024 Cassville graduate; Traci Mitchell, Cassville schools assistant superintendent; and Rachael Freeman, founder of FullCourt Media and Consulting.