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Story Archives: Higginbotham back in Waterproof mayor's office
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Higginbotham back in Waterproof mayor's office
Former Waterproof Mayor Bobby Higginbotham was back in office on Monday following an appeals court ruling Friday.
The Louisiana Second Circuit Court of Appeal in Shreveport ruled that Higginbotham was improperly removed from office by the town council last fall and a trial court judge erred in denying the mayor injunctive relief over the action.
The ruling came after Higginbotham appealed Judge John Crigler's decision relating to the action of Waterproof's town council last September. At that time, aldermen on a 4-1 vote declared the mayor's office vacant after determining the mayor failed to meet the domicile requirement for office.
Later, the mayor filed suit against the board and sought a preliminary injunction, according to the appeals court, to prohibit aldermen from declaring the mayor's seat vacant, from interfering with his duties or from appointing a new mayor.
Judge Crigler ruled on Oct. 2, 2009, that the board "had the authority to declare the mayor's seat vacant and denied all requests for preliminary injunction."
Afterward, Higginbotham appealed the ruling to the Second Circuit which found "the board of aldermen was without statutory authority to declare the mayor's position vacant" and thereby reversed "the trial court judgment."
Higginbotham was back in the mayor's office on Monday, according to a spokesman at town hall.
Meanwhile, on another matter, Higginbotham's trial on malfeasance, public contract fraud and felony theft will resume May 19th.
The state rested its case on March 31. Higginbotham, who is representing himself with assistance from an attorney with the Indigent Defender Board, was scheduled to begin his defense April 1, but a stay order was issued by Second Circuit.
The trial began with the selection of a six-jury panel on Monday, March 29. |
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