Was KO an Anderson resident? He says Yes; Smith says NO.

What does the law say about a vacancy in the Mayor's Office?
Well, look at this Indiana state law: "IC 3-13-11-14:
City controller assumes duty of mayor if position of deputy mayor not established in first or second class city.
Sec. 14. In accordance with section 12 of this chapter, if the position of deputy mayor is not established by ordinance in a first class or second class city, the city controller assumes the duties of mayor until the office is filled under this chapter." Who is the new City Controller; for that matter, who was the old one? Does the old one continue to serve, since, as Smith argues, KO did not have jurisdiction to appoint a new one? See: http://www.in.gov/legislative/ic/code/title3/ar13/ch11.html, then scroll down to 3-13-11-14.
We report, you decide.

Here is the Indiana Trial Rule that Judge Carroll seems to be invoking to get a Special Judge on the matter: "Rule 79. Special judge selection: circuit, superior, probate, municipal, and county courts
(H) Selection under local rule. In the event a special judge does not accept the case under Sections (D), (E) or (F), or a judge disqualifies and recuses under Section (C), the appointment of an eligible special judge shall be made pursuant to a local rule approved by the Indiana Supreme Court which provides for the following:

3 certification to the Supreme Court of Indiana of cases in which no judge is eligible to serve as special judge or the particular circumstance of a case warrants selection of a special judge by the Indiana Supreme Court. A person appointed to serve as special judge under a local rule must accept jurisdiction in the case unless the appointed special judge is disqualified pursuant to the Code of Judicial Conduct , ineligible for service under this rule, or excused from service by the Indiana Supreme Court. The order of appointment under the local rule shall constitute acceptance. An oath or additional evidence of acceptance of jurisdiction is not required."

The whole thing can be found here: http://www.in.gov/judiciary/rules/, then scroll down to “Trial Procedure.” We report, you decide.

Good conversation starter, OWO...

Thanks Kpaul, but it sure would be good to get a copy of the actual petition and then link to it...Has anybody around seen a copy of the real thing? Maybe the attorney for Smith & Group would not mind sharing...

How long do they have to file after a election?

It doesnt make since that they waited almost two months after the election to file.

I've reviewed both suits, however I do not currently have a copy of either. As I'm sure you know, it is public record and copies of both can be obtained from the court.

It does if you don't want to step down. even thought the voters have spoken. Plus the fact the dept heads are upset about losing their jobs.

I read the Drudge Report every night, and looka here: http://www.drudgereport.com/, look at the right-hand column and go down almost mid-ways in it. We report, you decide.

What a horrible disgrace for the city.  Did I not see something on the about AFP for source or am I spacing it, which could be?

He's "ruling from exile".  How bizarre is that???