HomeMy WebLinkAboutAGENDA REPORT 1992 1104 CC REG ITEM 08P�oG, �(i��ic
ITEM a. P
MOORPARK
799 Moorpark Avenue Moorpark, California 93021
AGENDA REPORT
TO: THE HONORABLE CITY COUNCIL
FROM: Lillian Hare, City Clerk
DATE: October 30, 1992
(805) 529 -6864
OPPAPK, CALIFC .:.
City Council Meeting
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ACTION• Cyij?1?��
SUBJECT: CONSIDER AUTHORIZING CITY ATTORNEY TO MOVE TO
DISMISS FERGUSON V. WALL (CASE # 977897)
BACKGROUND:
The litigation Ferguson V. Wall (Case # 977897) was filed on July
29, 1987 to temporarily and permanently enjoin the November 3, 1987
recall election. Maureen Wall as the City Clerk and the City's
election official was named in the suit. In September 1987, the
Superior Court denied Mr. Ferguson's motion for a preliminary
injunction and the Court of Appeal refused to reverse that
decision. Mr. Ferguson was subsequently recalled from his office
of Councilmember of the City of Moorpark.
No further action has been taken by Mr. Ferguson in this case.
However, because the complaint seeks a permanent as well as
preliminary injunction, the case is still outstanding. Under state
law, a case must be brought to trial within five years; otherwise,
it is subject to dismissal by the court upon motion by the
defendant. In this case, the five years expired on July 29, 1992.
Subject to the concurrence of the City Council, the City Attorney
will move to have the case dismissed.
STAFF RECOMMENDATION:
Authorize the City Attorney to move to have the case dismissed.
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PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR.
Mayor Mayor Pro Tem Councilmember Councilmember Councilmember
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