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Orange metropolis Councilman Mike Alvarez has unless March eight to appeal an Orange County superior courtroom choose’s recent ruling that he breached metropolis time period limit rules when he was elected to a 3rd consecutive council time period in November.
If Alvarez doesn’t file an attraction with the aid of then, he’ll give up the District 3 seat, doubtlessly prompting a unique election or a temporary appointment to signify the metropolis’s northern and important neighborhoods. Such results may be months away.
In a judgement signed on Wednesday, Feb. 24, decide Nathan Scott observed his determination is that Alvarez’s Nov. 3 victory can be “annulled and set aside,” the council seat could be “vacant” and that Alvarez can be ineligible to be elected or appointed to the metropolis Council for 2 years, per metropolis laws.
youngsters, Scott paused the judgement for 10 days to provide Alvarez and his prison crew time to attraction.
Alvarez’s legal professional, Mark Rosen, on Friday reaffirmed plans to appeal and noted Alvarez had no intention to resign.
Alvarez became first elected to Orange’s council in 1996 and served through 2004. In 2012, he became reelected and started a 2nd run of 4-year phrases.
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Rosen had argued that because the metropolis switched from at-massive elections to district elections in 2019, Alvarez in November ran for and won a council seat that didn't in the past exist.
“We suppose we’re correct on the legislation,” Rosen referred to. “We consider the impact of going to district changed into basically starting over on time period limits on the district stage.”
“We hope the court of enchantment concurs with us,” he mentioned.
The thought was challenged by Michael MacIssac and John Russo, two Orange residents who filed an identical proceedings after the election alleging Alvarez had damaged metropolis guidelines that restrict council contributors to two consecutive phrases.
Russo became considered one of two council hopefuls who lost to Alvarez in November.
The choose sided with Russo and MacIssac in a ruling on Feb. Four, writing that after Alvarez took office he was “starting off his third consecutive term on the metropolis Council after serving eight consecutive years.”
“It’s a remember of legislations, and the judge dominated that the law became upheld,” Russo stated.
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