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Monday, December 19, 2011
Ind. Courts - Challenge to election of New Castle mayor Greg York fails
Douglas Walker and Keith Roysdon of The Muncie Star-Press had this report yesterday on the case. It began:
A Delaware County judge is set to rule this week on a bid to overturn Democrat Greg York's landslide victory in last month's mayoral election in New Castle.Judge Wolf issued her 11-page opinion today. It concludes:
Because of his ownership interest in the 11th Street residence, York had unrestricted access to the home and its contents. He also frequently stated his subjective intent to make that home his principal residence, and he accompanied those statements of intent by sleeping there on average four nights per week during the year preceding the general election, continuously voting from that address, taking his homestead credit on that dwelling (even though doing so on his Westwood property would have saved him considerably more money), keeping personal property there, and receiving personal mail at that address.For all of the above reasons, the Court finds and concludes that Nipp has failed to meet the burden of proof to demonstrate that York abandoned his 11th Street residence or to prove that York does not meet the constitutional and statutory residence requirements to serve as Mayor of New Castle.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Petition for Election Contest filed by John Mark Nipp is denied, and Greg York is hereby declared by this Court to be duly qualified to assume the office of the Mayor of the City of New Castle.
Posted by Marcia Oddi on December 19, 2011 03:18 PM
Posted to Ind. Trial Ct. Decisions