A Writ of Summons citing plaintiffs Robert Miller, John and/or Jane Doe requesting that Timothy O’Brien be removed from his position as Chestertown Council Member for Ward 1 was filed with the Circuit Court of Kent County Tuesday afternoon and now appears on their website.
The petition claims that O’Brien moved from Ward 1 to Ward 4 on October 23, 2023, which, according to the Chestertown Charter, should have automatically terminated his term as a council member. The petitioners argue that O’Brien’s continued service is illegal, and they seek court intervention to declare the seat vacant and to nullify any council actions taken since October 23, 2023.
Petitioners, Robert Miller of Chestertown, and John and or Jane Doe of Chestertown, are represented by attorneys at the Law Offices of Stephen Z. Meehan and Lauren S. Castelli and Victoria H. Devore and Castelli + Devore, LLC.
The petition cites specific sections of Maryland law (Md. Code Ann., Cts. & Jud. Proc. § 3-8B-01 and Rule 15-701(a)) and Chestertown’s municipal charter.
The petition directly references the Chestertown Charter, specifically § 3(c), which states that moving out of the ward automatically vacates the council seat. However, it also notes that the charter was amended after O’Brien’s election but argues the amendment doesn’t apply retroactively.
§ 3(c) of the town charter was amended through Resolution No. 06-2023, which went into effect on December 26, 2023. The petition argues that the amendment is prospective (applicable to future candidates).
A statement from the Town will be forthcoming.
The Summons may be found here.
The final determination would rest on a court’s review and ruling.
0 Responses
The petition also asks that the town pay all the legal expenses to remedy the matter, could be expensive.
And, if you read the petition you would clearly see that 411 Greenwood Ave is the address O’Brien moved to in Ward 4, not the address of the plaintiff.
Laws passed or amended for terms of elected office never apply to a sitting representative; that people don’t know this is mind boggling. This law was passed specifically to accommodate a sitting council member, and should have sent red flags up everywhere.
The town alleges to have relied on legal advice from the now deceased town attorney. I hope the Spy and KCN actual dig for proof of this. Maybe a FIOA/PIA request for such documents. If the Council was doing their due diligence they should have correspondence from the atty that blessed this decision.
Address issue has been corrected. Thanks.