State ex rel. Johnson v. Richardson

After an at-large village council member resigned from his office, the village law director swore Respondent Scott Richardson into the office of member of village council to fill the vacancy. One day later, the mayor appointed Relator, Terry Johnson, to the office. Johnson then filed this action for a writ of quo warranto to oust Richardson from the office and to declare Johnson entitled to possession of that office. The Supreme Court granted the writ, holding that the pertinent facts were uncontroverted and established Johnson's entitlement to the requested extraordinary relief where (1) Richardson did not receive enough votes to fill the vacancy on the village council under the plain language of the village charter; and (2) Johnson established that he was entitled to the office under the charter. View "State ex rel. Johnson v. Richardson" on Justia Law