Published 12:00 am Tuesday, May 27, 2008
By John Howell Sr.
A circuit judge in Hernando on Friday dismissed a lawsuit against the Como Democratic Executive Election Commission, and against election commissioner Teresa Wallace and Alderman Bill Mitchell individually.
Judge Bobby Chamberlain dismissed without testimony the lawsuit by Andrew Cook, who sought in April to qualify as a candidate for alderman in a special election.
Mitchell was certified by the election commission as the only candidate to have qualified for the post.
He was sworn in to the post on April 18.
Cook filed lawsuit on April 24 against the election commission and individually against Wallace and Mitchell. He asked the court to issue a restraining order against Mitchell serving as alderman, to declare the seat vacant and to order a special election.
Cook also asked to be awarded damages, to have Wallace removed from the election commission, and for Wallace and Mitchell to pay all attorneys fees and court costs.
The town of Como is curerntly wrangling over who is properly seated in the mayor’s seat.