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Wednesday, April 24, 2013

Ind. Decisions - "Judge rules ousted Carroll County commissioner's home is where he sleeps"

Reminiscent of another recent case? Here Ron Slavens is fighting to recover his Carroll County commissioner's district 1 seat. Chris Morisse Vizza reports for the Lafayette Journal Courier. From the story:

Slavens is fighting the Carroll County Council’s decision to declare his seat vacant, and the Carroll County Republican Central Committee’s election of John Brown to fill the vacancy.

During an April 12 hearing in Carroll Circuit Court, Slavens admitted that, because of a heart condition, he, his wife and granddaughter have spent almost every night in a mobile home at 43 Rhineland Drive in Delphi since May 25, 2010. Delphi is outside District 1, which Slavens represents.

Still, Slavens maintained that he had not moved from the family farmhouse at 12018 North County Road 600 West, which is in District 1.

In handing down his decision, Mohler ruled that Slavens and his attorney, Christine DeSanctis, had not met the burden of proving any of the four criteria required to receive a preliminary injunction.

“Slavens’ conduct — where he sleeps, where his family lives, where he returns after work — supports the conclusion that he lives at the Rhineland home,” wrote Mohler.

The judge also agreed with case law cited by Jerry Withered, counsel for the Republican county party, that a county office holder must physically reside in the area he or she is elected to represent.

Posted by Marcia Oddi on April 24, 2013 10:32 AM
Posted to Ind. Trial Ct. Decisions | Indiana Decisions