Judge will allow amended complaint to be filed against Meza council appointment

It appeared to be a 3-2 win for Plaintiff Paul Aldrich from Judge William Sharp in a June 4^th written decision on oral arguments to reconsider the judge’s original denial of a challenge of the in-house appointment of Jacob Meza to the Front Royal Town Council four days after the term he chose not to run for re-election to expired on January 1.

The bottom line was in the final paragraph of the 3-1/2 page written reaction to the oral arguments the court heard from plaintiff counsel David Downes and defense attorney Heather Bardot 10 days earlier on May 25^th.

Another shot – Judge Sharpe has allowed Plaintiff Paul Aldrich, right, and his counsel David Downes to file an amended complaint to the seating of Jacob Meza to the Front Royal Town Council. Royal Examiner File Photos by Roger Bianchini

“I will grant the plaintiff, Aldrich, twenty-one days to file an Amended Complaint if he be so inclined. The defendants, Town and Meza, shall then respond within twenty-one days of the Amended Complaint,” Judge Sharpe wrote in concluding his written decision, adding instructions to Aldrich’s attorney – “The plaintiff’s counsel, Mr. Downes, should prepare an order reflecting this ruling, to be endorsed by both counsel with an opportunity to note any exceptions.”

The need for an amended complaint was explained in the judge’s previous three-plus pages, ruling on five specific issues in dispute:

1/ Does the court have jurisdiction to make a ruling? – Yes.

2/ Does the plaintiff complaint fail to state that Town Code Section 47 applies to council appointments? – Not yet proven by the defendants.

3/ Has the defense established that Town Code Section 47 is unconstitutional in its stated exception to the appointment of councilmen to the office of Town Treasurer within the one-year prohibition to staff appointments, and hence render it not applicable to the issue at hand? – No.

4/ Does plaintiff Aldrich state sufficient grounds to support the sought preliminary injunction against Meza’s appointment? – No.

5/ Is a Writ of Mandamus the proper remedy for this case? – No, but a “quo warranto” filing asserting the priority of the Town Charter in the challenge could be the venue for such remedy.

To be or not to be? – Jacob Meza’s appointment to fill Chris Holloway, right’s, council seat remains in limbo with latest court ruling.

And as stated above, the bottom line is that Judge Sharp will allow the plaintiff to amend his complaint to fit the proper legal reference points the court notes in its ruling. And then allow the defense to respond to that amended complaint before moving toward a hearing for more oral arguments in support of the amended written complaint and defense response.

Click here to view the ruling in its entirety.