David Haight and Rhonda Haight are seeking a Restraining Order in an effort to make sure Rhonda Haight is not removed as the mayor of Blue Ridge while their lawsuit against three city council members and the city makes its way through the court.
The Haights are seeking the injunction in a motion filed May 30 in Fannin County Superior Court by their attorney, Kurt R. Hilbert of Chalmers, Adams, Backer & Kaufman, LLC, of Alpharetta. The motion specifically names Councilman Jack Taylor and the City of Blue Ridge while referencing the complaints against council members Bill Bivins and Angie Arp.
The Haights allege a substantial threat exists to Rhonda Haight’s removal as mayor from Taylor “and other members of the city council in conspiracy,” removal that would be unconstitutional and create irreparable harm to Haight.
The Haights ask the temporary restraining order to prevent her removal as mayor for the next 30 days so the court can determine the legality of the city charter provision allowing her to be removed by three members of the council. The interlocutory/preliminary injunction, and equitable injunction ask her removal be prevented the entire time of the Haights’ lawsuit.
No answer to the injunction had been filed as of Friday afternoon, June 7.
Local judges won’t hear Haight case
Local judges from the Appalachian Judicial Circuit will not be hearing the lawsuits against three Blue Ridge City Council members and the city brought by David and Rhonda Haight.
Chief Superior Court Judge Brenda Weaver, and judges B. Alison Sosebee and Mary Beth Priest have all filed orders recusing themselves in the lawsuits against Jack Taylor, Bill Bivins and Angie Arp, according to records on file with Fannin County Superior Court.
The recusals mean a visiting judge will have to be brought in to hear the cases.
As of Friday afternoon, none of the three council members had filed a response to the claims against them made by the Haights, and no answer had been filed on behalf of the city. Although the city is not named in an individual action, it is addressed in each of the three individual lawsuits.
The Haights are attempting to have the three council members removed from office and the provision of the city charter declared unconstitutional and removed that allows the mayor to be removed from office by three council members.