Troy mayors residency the focus of suit

By LYNNETTE HINTZE The Daily Inter Lake

The residency of Troy Mayor Carl J. Hammons Jr. who got divorced and moved outside city limits is the focus of a lawsuit working its way through Lincoln County District Court.

Former Troy Mayor Tony Brown began pursuing his case against Hammons and the city of Troy after he learned that Hammons had gotten a divorce in October 2006 and a few months after that moved to a home about a half-mile outside Troy city limits.

Brown believes state law is clear in this case when it states the office of mayor is considered vacant if the individual elected as mayor ceases to be a resident of the city or town.

To restore his residency, Hammons petitioned the City Council in April 2007 to annex his property in the Valley of the Moon area near Troy, even though it s not contiguous to city property and he doesn t use city utilities, Brown said.

The council agreed to annex the property the next month.

It s a ruse to protect his position as mayor, Brown said. It s outrageous he can manipulate this kind of thing.

A majority of Valley of the Moon residents showed up at a council meeting to protest the annexation but didn t pursue legal action. The annexation resolution was recorded on June 21 and a week later Brown filed for an injunction to stop the annexation from taking effect.

Kalispell attorney Daniel Hileman, who represents Hammons and the city of Troy, said on Wednesday that the annexation was perfectly statutory.

In December 2007 the defendants filed a motion for summary judgment. A hearing was held Wednesday morning before Lincoln County District Judge Michael Prezeau. If the court grants the motion for summary judgment in the defendants favor, the case is over, Hileman said.

Brown, who lives in the city of Troy, was told he lacks legal standing in the case because he doesn t live in the affected area. Only property owners being annexed may protest annexation.

Hileman said Mayor Hammons can t comment on the case since it s still pending.

Brown has represented himself throughout the case because he can t afford an attorney. He said he won t appeal the decision to the Montana Supreme Court because he lacks the resources to do so, but he continues to maintain Hammons should have stepped down once he moved outside the city.

It s not sour grapes, he said. I actually voted for Hammons. I m doing this because it s outlandish and wrong.

Hammons has two years left on his term. He was appointed mayor in summer 2005 after the resignation of John Brown. He defeated Don Manning by a wide margin in the November 2006 election.

Features editor Lynnette Hintze may be reached at 758-4421 or by e-mail at lhintze@dailyinterlake.com