Wellington Council served temporary restraining order; prohibited from taking any action on Etter’s verbal resignation

first_imgby Tracy McCue and Shane Farley, Sumner Newscow — Following a series of out-of-court discussions that lasted almost 30 minutes, a temporary restraining order was issued against the Wellington City Council, according to Ryan M. Peck, the attorney for council member Kip Etter.Kip EtterThe order prohibits the council from taking any action as it pertains to Etter’s verbal resignation and any effort to replace him. Etter will not attend tonight’s meeting.His absence will be excused.The restraining order recognizes that Etter is a properly elected city council member for that petition, he will be allowed to retain his seat as a city council member, and prohibit the council from engaging in any activities to appoint a successor to that seat. The restraint order will award a reasonable attorneys’ feed and cost as permitted by law. When asked what will happen next after the meeting, Peck said “it all depends on what the council wants to do.” For now, no action will be taken regarding an injunction in the case. Assuming Etter is allowed to return to his seat, there would be no need for the legal case to proceed. By definition, a restraining order, prohibits an individual from carrying out a particular action. The council is to meet at the council chambers at 6:30 p.m. tonight. On the agenda, the council is to discuss a memo sent by Wellington City Attorney Mike Brown who is recommending that the municipal board to either approve, not approve, or take no action on Etter’s alleged resignation. The injunction/restraining order hearing was scheduled at 1:30 p.m. today at the county courthouse. There was no proceeding held in the courtroom, instead attorneys for both sides met with Judge Scot McQuin and then consulted with their clients. Etter filed a petition requesting an injunction/restraining order on Friday. The case was to be heard today, before the council meeting. Etter issued court potion in hopes of preventing the council from filling the vacancy of the council seat. No injunction was issued in which the court which would have ordered the defendants, aka Wellington City Council, from ceasing and desisting any movement toward filling the council seat. On Aug. 2 at a Wellington City Meeting, Etter said he was “resigning.” On the Aug. 16 city meeting, Hansel told him to “step down.” Follow us on Facebook.Follow us on Twitter. Close Forgot password? Please put in your email: Send me my password! Close message Login This blog post All blog posts Subscribe to this blog post’s comments through… RSS Feed Subscribe via email Subscribe Subscribe to this blog’s comments through… RSS Feed Subscribe via email Subscribe Follow the discussion Comments (4) Logging you in… Close Login to IntenseDebate Or create an account Username or Email: Password: Forgot login? Cancel Login Close WordPress.com Username or Email: Password: Lost your password? Cancel Login Dashboard | Edit profile | Logout Logged in as Admin Options Disable comments for this page Save Settings Sort by: Date Rating Last Activity Loading comments… You are about to flag this comment as being inappropriate. Please explain why you are flagging this comment in the text box below and submit your report. The blog admin will be notified. Thank you for your input. +3 Vote up Vote down CueballSumnernewscow 94p · 205 weeks ago Due to the litigation aspects of this case are still in effect, we are requiring full signatures and valid e-mails to comment on this story. Report Reply 0 replies · active 205 weeks ago +14 Vote up Vote down JJ Quain · 205 weeks ago This is so very awesome. Way to set the example of putting personal pride and sense of entitlement ahead of what’s doing best for the city – great leadership on display. It’s fantastic that “if I don’t get my way, I’ll take my ball and leave” has morphed into “let me get my way or I’ll threaten you with a lawsuit to further distract everyone from what they were actually elected to do”. Just exemplary leadership on display here. On the bright side, this should be quite entertaining to see play out… Report Reply 1 reply · active 205 weeks ago +3 Vote up Vote down Kim Woodrow · 205 weeks ago Indeed Report Reply +17 Vote up Vote down Jeremy Davis · 205 weeks ago How on earth are the citizens going to be held responsible for incurring the cost of attorney fees and other financial requests asked for in his petition. This is utterly ridiculous. Not only is this situation embarrassing, yet here we are again being put in a situation because of our childish leadership. Pitiful. When is it going to be enough. When will you (council and mayor) grow up and set your egos’ aside and do something productive instead of turning this into a bad reality show. WE THE PEOPLE ARE SUFFERING BECAUSE OF YOUR ARROGANCE. grow up, act like leaders. Not like a fit throwing toddler when you don’t get your way. Report Reply 0 replies · active 205 weeks ago Post a new comment Enter text right here! Comment as a Guest, or login: Login to IntenseDebate Login to WordPress.com Login to Twitter Go back Tweet this comment Connected as (Logout) Email (optional) Not displayed publicly. Name Email Website (optional) Displayed next to your comments. Not displayed publicly. If you have a website, link to it here. Posting anonymously. Tweet this comment Submit Comment Subscribe to None Replies All new comments Comments by IntenseDebate Enter text right here! Reply as a Guest, or login: Login to IntenseDebate Login to WordPress.com Login to Twitter Go back Tweet this comment Connected as (Logout) Email (optional) Not displayed publicly. Name Email Website (optional) Displayed next to your comments. Not displayed publicly. If you have a website, link to it here. 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