ANDERSON — Henry County Superior Court Judge Michael Peyton denied a request to reconsider a case claiming Anderson Mayor Kris Ockomon was not eligible to be the mayor of Anderson.
“Mayor Ockomon is fully appreciative of the court denying the plaintiffs’ motion to correct error,” Tim Lanane, Ockomon’s attorney, said in a written statement. “Judge Peyton’s ruling fully affirms his prior decision that this matter should be dismissed.”
A motion to correct error allows a trial court to review its decision. Plaintiffs — Carol Auker, Larry Davis, John Suko, Nick Vores, Doug Zook and former mayor Kevin Smith — can still appeal the decision to the Indiana Court of Appeals.
David Brooks, attorney for the plaintiffs, said he expected to file an appeal.
“I’ve got to talk to my clients,” he said. “But I’m expecting that to be the case.”
A couple of the plaintiffs have expressed interest in dropping off the suit, however, Brooks said, none have.
“They have not made such expressions to me,” he said. “I feel strongly that we’d be successful on an appeal.”
Lanane said he hoped the ruling would put the matter to rest.
“This ruling presents yet another opportunity for the plaintiffs to accept the will of the electorate and bring this matter to a halt for the betterment of the city,” he wrote. “Much time, expense and effort has already been expended in this unwarranted diversion from Mayor Ockomon’s desire to fully concentrate on improving our city. Perhaps this most recent ruling by the court will convince Mr. Smith and the other plaintiffs now is the time to move on.”
In December, five citizens of Anderson filed a lawsuit claiming Mayor Kris Ockomon was not eligible to run for office, and therefore, should not be the standing mayor of the city. Their claim is Ockomon did not live in the city for the required year prior to being elected. Smith joined the lawsuit in February.
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