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Breaking News

Ruling upholds Floresville council action to oust Miller

Ruling upholds Floresville council action to oust Miller
Judge David Peeples, Fourth Administrative Judicial Region presiding judge

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Wilson County News
December 21, 2015, 6:25pm

Floresville City Council did not act unlawfully in removing Councilman Jim Miller, but can’t keep him from serving on the council until his replacement is elected.

Judge David Peeples made this ruling in a Dec. 21 hearing.

Miller had taken legal action against the mayor and the city council in the form of an injunction.

“The temporary injunction is denied,” Peeples ruled. “The activity of the city council is not disturbed.”

A majority of council members had determined Miller unqualified, deciding he is not a resident of Floresville. Miller and his attorney presented evidence to indicate he is a resident, but Mayor Sherry Castillo and the city-hired attorneys offered evidence to show that the council did not act “capriciously” in taking action to remove Miller.

At the same time, however, in order to replace Miller, the council must have an election to fill the Place 5 council seat that Miller was declared unqualified to hold.

“I think the holdover applies,” Peeples said after the opposing attorneys cited judicial precedents.

The city council had scheduled a meeting for Dec. 21 to order a special election for Miller’s replacement.

Your Opinions and Comments

Fed Up With Arrogance  
Sin City  
December 22, 2015 6:50pm
Reader - I dont follow Councilman Miller around all day to confirm his residency, but in watching the Council Meeting Videos I see that his residency has been validated by the District Attorney, Texas Rangers, Fourth Court of... More ›

Floresville, TX  
December 22, 2015 5:31pm
Well it seems that he doesn't. So there had to be something showing that he doesn't live here just because you bank here and go to church doesn't qualify as a residence and I'm quoting what was in the paper last week. If... More ›

Fed Up With Arrogance  
Sin City  
December 22, 2015 5:15pm
Reader - Councilman Miller's residency qualification to hold office was confirmed by numerous governmental entities including the District Attorney several years back. Nothing has changed since then. This appears to be more... More ›

Floresville, TX  
December 22, 2015 4:42pm
Why is he still able to stay and why would he want to, spending all this money on a special election and all this could've been prevented prior to him getting elected. So not he get's to stay till May unbelievable. I think... More ›

Maria Calvert  
Willson County  
December 22, 2015 3:17pm
The only thing keeping me sane with this ruling is that I keep reminding myself that this is the same Judicial System that said NOT GUILTY to O.J. Simpson, gave a 14-year old drunk drive probation when he killed 4 people and... More ›

Deci Murphy  
Floresville, TX  
December 22, 2015 3:15pm
wait a minute......Miller is not qualified to sit at council place 5 but has to sit at council place 5 until a special election in May???? Is this like being almost pregnant?

December 22, 2015 2:02pm
That's the same question I had Mr. Tibbs, I got the impression that the judge ruled that the council was not unlawful in removing him, and didn't actually rule on Jim's residency.

Mr. Tibbs  
December 22, 2015 1:27pm
Can Mr Miller prove his residency to run again ? What does he need to prove to legally hold a council seat ? Or can the council always vote him out regardless. ? Did he judge rule on MIllers qualifications ?

Debra Conoly  
Floresville, TX  
December 22, 2015 12:34pm
I 100% Agree Mr. Pritts. In fact - I had a visit last night - someone took off my screen from my front porch window. I am interpeting this: as I am being watched and warned. Whoever it was - ran into my electric fence... More ›

Tired of the Corruption  
December 22, 2015 12:08pm
I'd rather have a non-resident that knows what he is doing sitting in the city council then a life time resident of The Ghetto called Lodi who insists on making it his mission to bankrupt Floresville.

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