PLYMOUTH — The Marshall County Commissioners responded to action taken last week by the Marshall County Sewer District Board in an ongoing action they have filed against Thomas McFadden in the battle over a seat on that board.
The Sewer District sent a response to the Commissioner’s complaint filed against McFadden for refusing to surrender his seat, which they declared vacant, appointing Bill Woodward to replace him.
Their response stated their contention that state statute does not allow the Commissioners to file suit, only a county prosecutor or a private citizen that feels they have a right to the seat can file a “declaratory action” and/or a “quo waranto” action, which is a process used to challenge a person’s right to hold a public office or to exercise a power derived from the government. It essentially means “by what warrant” or “by what authority,” and it’s used to determine if someone is legitimately entitled to the position they hold or the authority they are exercising.
The Sewer District approved the board’s legal counsel to represent McFadden in the ongoing legal wrangling, as well as calling for a dismissal of the case brought by the Commissioners.
On Monday, the Commissioners amended their case, naming Woodward personally as part of the action, and also gave permission for County Attorney Sean Surrisi to also act as counsel for him in the proceedings.
Later in Monday’s meeting, President of the Marshall County Council, Tim Harmon, came forward and requested that they and the Commissioners have a joint meeting in the near future so that the Council “could weigh in” on the matter.
