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| Judges reject lawsuit by former council members |
Ben Flora |
Friday, May 29, 2009
By JOEL TURNER - Staff Writer
A three-judge panel in Franklin County Circuit Court ruled unanimously Thursday that Ben Flora will remain mayor of Boones Mill.
The judges rejected a lawsuit and legal arguments that Flora did not live in the town when he won a four-year term as mayor in May 2008.
The lawsuit was filed by former Boones Mill town councilman Robert Hogan and Virginia Carroll.
But the judicial panel, which was comprised of judges outside Franklin County, ruled that Flora was a resident of the town.
The judges said that detailed documents, including driver's licenses, passports, bank checks, tax tickets and utility billing records, established that Flora lived in Boones Mill.
The judges also said that Flora and several other witnesses testified that he lived in Boones Mill.
Immediately after the ruling was announced, Flora said he was glad that "this part of my life is over."
Flora said hopes that "justice was served" in the case.
Hogan, who joined with Carroll in filing the lawsuit, ran against Flora in the 2008 mayor election and lost by two votes.
The lawsuit claimed Flora lived in a commercial building in the town and this did not qualify as a legal residence. The lawsuit also claimed that Flora was not living in the town when he became a candidate for mayor.
Clyde Perdue, the attorney for Flora, contended that Sam Lazzaro, the attorney for Hogan and Carroll, kept changing the theory of their case.
Perdue said there is no legal requirement for people to live in a house or residential living unit to become a registered voter and a candidate for elected office.
He said there was no legal basis to the argument that Flora was barred from being a registered voter and candidate because he lives in a commercial building at 100 Easy Street in Boones Mill.
"You don't have to live in a nice building to be mayor. You can be mayor of Boones Mill living under a bridge. You can be homeless or live in a place with a zoning violation" (as long as you live in the voting precinct), Perdue said.
Flora testified that he has lived continuously at 100 Easy Street in Boones Mill since 1995. Several witnesses, including Town Manager/Police Chief Lynn Frith, Flora's girlfriend and others, also testified that Flora lives in Boones Mill.
Much of the arguments and testimony at Thursday's court hearing was a reairing of the arguments that have been made at Boones Mill Town Council meetings in the past year.
Since the May 2008 election, Flora has repeatedly denied the charge that he does not live within the town.
"I have lived here since 1995. Why would I go through this crap if I didn't live here?'ﾠFlora said.
"I live here, and I want to help improve this town," he added.
Frith told the judges that there is no zoning within Boones Mill, and there are no prohibitions on living in commercial areas in the town.
Perdue said that the complaints about Flora's residency are the result of sour grapes over the mayoral election outcome.
"I think this is just a political issue. I have been on town council for years, and no one has brought it up before," Flora said at an earlier town council meeting.
"I am tired of hearing this over and over,"ﾠFlora said. "I care about this town. We have a council that wants to move forward and do positive things."
But he said some people seem to want to keep squabbling and airing old grievances.
"I know where I live. I am not in Boones Mill every night, but this is where I live -- the only place I have an address and a place of residence,"ﾠFlora said.
Flora, who has served on town council more than a decade, has been mayor since March 2007 when he was elected by town council members to succeed Patricia Hogan, who resigned after a dispute with Frith. |
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