TUSTIN : Suit Challenging Hoesterey Dismissed

A Superior Court judge on Wednesday dismissed a lawsuit challenging the legal residency of former Tustin Councilman Ronald B. Hoesterey at the time of his last meeting.

Councilmen Earl J. Prescott and John Kelly filed the lawsuit, claiming that Hoesterey was not a resident of the city when he cast a decisive vote at his last council meeting on Nov. 20. Hoesterey was the third vote in favor of moving the city’s municipal elections from November to April. Soon after the Nov. 20 meeting, Hoesterey resigned from the council and he now lives out of the area.

Under city law, council members must live within city boundaries.

Superior Court Judge Eileen C. Moore dismissed the suit. Hoesterey’s attorney, Spencer Covert, said that Hoesterey’s residency status should be handled by the state attorney general’s office, not the courts.

Attorney Gregory J. Hile, who represents Prescott and Kelly, said last week that he has asked the state attorney general’s office to review the matter. But Assistant Atty. Gen. Jack Winkler, who heads the unit that handles political cases, said Wednesday that he has not been contacted on the matter.

Prescott said Wednesday that he will ask the Orange County Grand Jury or the district attorney’s office to investigate the matter.

“We’re just getting kicked out of here on a technicality,” said Prescott after the suit was dismissed. “The issue of his residency has still not been addressed.”

Covert replied: “That’s what’s called beating a dead horse.”