TUSTIN : Prescott, Kelly Will Drop Elections Suit
Former Councilman John Kelly and Councilman Earl Prescott have agreed to dismiss their lawsuit against the city and not to refile it.
In the agreement approved Tuesday by the City Council, the city will enter arbitration with the two men over attorney fees accumulated by them in a lengthy legal battle over when to hold city elections.
The lawsuit sought to overturn an ordinance moving the municipal election from November to April. In other action Tuesday, officials introduced an ordinance reaffirming the April elections.
The agreement, which must be signed within 10 days to be valid, was approved 4 to 0 by the council after a closed discussion. Prescott abstained from the vote and refused to comment Wednesday, but City Atty. James G. Rourke said Prescott had agreed to the deal.
At stake is about $145,000 in attorney fees that Prescott and Kelly accumulated during two lawsuits filed by them against the city and one lawsuit filed by the city clerk against them. The $126,000 in legal fees for the other side has already been paid, Rourke said.
The agreement calls for arbitration to be conducted outside Orange County by a retired judge who has yet to be chosen, Rourke said.
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