MARION COUNTY — The City of Centralia will be without a mayor for the foreseeable future, as a judge Friday placed a temporary halt to the appointment of a mayor pro-tem while a battle over the recent election plays out in court.
Over the objection of Centralia City attorneys, an emergency motion for a temporary injunction was granted to Centralia Mayor-Elect Bryan Kuder Friday.
Judge Kimbara Harrell on Friday granted the preliminary injunction and scheduled the matter for further action at 9:30 a.m. Friday, May 17, four days after the city council planned to appoint a mayor pro-tem to replace outgoing Mayor Tom Ashby who will wrap up his term Monday.
Kuder’s attorney’s M. Lane Harvey and Nicole Villani, presented their arguments at a court hearing Friday,
Centralia City Attorneys Doug Gruenke argued that the injunction would leave Centralia without a mayor and without the ability pass any ordinances, without a liquor commissioner, a person to enforce the tobacco code or enact a civil emergency.
Kuder claims in his court case that he was a qualified elector, lived in the city one year prior to the election, and that he had obtained the majority of votes in the election.
His attorneys claim Kuder has been denied due process and that allowing the city council to appoint a mayor pro-tem would deprive Centralia voters the right to have the mayor they elected.
Judge Harrell, who serves in the Second Judicial Circuit, was selected to preside over the case after a decision was made that all the judges in the Fourth Judicial Circuit may have a conflict due to one of the Centralia City Councilman, David Sauer is a retired judge in the circuit.
