Former Mayor Kevin Smith has signed onto the lawsuit in which five Anderson residents claim Mayor Kris Ockomon was ineligible to take office.
David Brooks, attorney for the plaintiffs, filed a petition Feb. 6 to add Smith to the plaintiffs, who filed a lawsuit in late December against Ockomon. Their claim is that Ockomon did not live in Anderson for the required year prior to being elected as mayor.
Brooks said the plaintiffs added Smith for two reasons.
“First, we were considering doing it anyway, and it avoids an argument on that particular legal front,” he said.
On Jan. 24, City Attorney Tim Lanane filed a motion to dismiss the lawsuit, and Brooks said the addition of Smith to the plaintiffs’ front is partially to respond to Lanane’s motion, which indicates that the residents need to have a special interest in the office to file such a lawsuit.
“Since they are seeking the ouster of Defendant Ockomon from the office of Mayor that he currently occupies, the Voters are not entitled to main this action as a declaratory judgment,” the motion says.
However, Smith does claim some interest in the position, as some believe he would take the position if Ockomon were to be found ineligible, Brooks said.
Lanane said he is filing another motion to dismiss today based on Smith’s claims. According to a copy of the second dismissal motion, the voters waited too long to file the declaratory judgment, and Smith had an insufficient interest in the case to be differentiated from the voters.
“A defeated candidate who does not claim to have received a majority of the votes legally cast for the office in question has no interest beyond that of any other citizen or taxpayer, regardless of whether the successful candidate was qualified or entitled to hold office,” the motion says.
Smith said he had considered joining the lawsuit earlier, but held off because of legal advice.
“According to counsel, my involvement filing in this could not take place until after Jan. 1,” he said. “It was discussed before. Some of (the timing) is because of the workload of David Brooks. He successfully oversaw the Muncie mayoral contest wherein the Republican candidate challenged the Democrat candidate and the Republicans ultimately won.”
Smith said he and the other plaintiffs wanted to see the matter resolved as quickly as possible. However, the original five voters -- Carol Auker, John Suko, Larry Davis, Doug Zook and Nick Vores -- waited until the final day possible to file before the end of the year.
“I stand in support of the valiant five plaintiffs in this suit who are seeking the truth and the best interest for the future of Anderson,” Smith said.
Timeline of lawsuit:
n Dec. 28: Five residents — Carol Auker, Larry Davis, Doug Zook, Nick Vores and John Suko — file a restraining order to keep Kris Ockomon from being sworn into office. The order is denied. Plaintiffs also file a declaratory judgment claiming Ockomon is not eligible to take the position of mayor.
n Jan. 1: Kris Ockomon is sworn in as mayor of Anderson.
n Jan. 2: Superior Court 1 Judge Dennis Carroll requests the appointment of a special judge for the case.
n Jan. 3: Acting Chief Justice of the Indiana Supreme Court Brent Dickson appointed Michael Peyton, superior court judge in Henry County, to oversee the case.
n Jan. 10: Judge Michael Peyton sets a hearing date for March 31.
n Jan. 23: Defending attorney Tim Lanane files motion to dismiss the case.
n Feb. 6: Former Mayor Kevin Smith joins plaintiffs in case.
n Feb. 12: Defending attorney Tim Lanane files a second motion to dismiss the case.
Local News
9:10 p.m.: Smith joins plaintiffs in Ockomon lawsuit
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