HEALDTON — An injunction, filed by two Healdton city council members last month, was rendered unnecessary by the time a hearing took place Wednesday in Carter County Districy Court.
“The interesting twist was, though the city got through the ouster process, or they call it the recall process, nobody else filed for the seats except Treva (Gage) and Linda (Hill). So there became no reason to hold the election,” said attorney Scott Andrews on Thursday, who is representing Gage and Hill.
The two councilors filed a petition for the injunction after Healdton residents circulated and signed statements of recall to remove them from the council. In the petition, they asked the court to grant a declaratory judgment finding the city of Healton and other parties to have improperly conducted the recall process.
“The petitioners didn’t do the recall process correctly, thus it was null and void,” Andrews said.
The defendants, which include a long list of both individuals involved in circulating the recall petitions and city officials, packed the courtroom Wednesday, Andrews said. The defendants now have until Dec. 26 to file an answer to Gage and Hill’s petition.
The defendants are being represented by Healdton City Attorney Bob Pinkerton and attorney David Blankenship.
Carter County Election Board Secretary Diane Hall said while Gage and Hill were the only candidates to file for the seats at the beginning of December for the February election, the city of Healdton had until 5 p.m. Thursday to turn in a resolution for a new election to still make the February election deadline; however, no resolution was received.
The next available election dates are in March, which is only for yes or no propositions, or in April, which is when the regular municipal elections are scheduled, Hall said.
Special Judge Carson Brooks presided over the hearing Wednesday.