Group seeks to restrain Muhlfeld
The Daily Inter Lake
A Whitefish political-action group and its founder have asked the court for a temporary restraining order and injunction that, if granted, would prohibit the Whitefish City Council from swearing in newly elected council member John Muhlfeld on Monday.
In court documents filed late Friday in Flathead District Court, Common Sense in Whitefish Government and Rick Blake allege that Muhlfeld was not an eligible council candidate because he was living outside city limits 60 days prior to the election.
The complaint asks District Judge Katherine Curtis to issue the restraining order and preliminary injunction until the court can determine whether he was an eligible candidate. A hearing will be held at 10 a.m. Monday.
"We're confident that John [Muhlfeld] will be vindicated through the courts. He has nothing to hide," Muhlfeld's attorney, John Lacey said.
Muhlfeld's residency was questioned by Blake and his group in late December when they asked him to show proof of residency by Jan. 2 or face legal action. Court action was filed against the city of Whitefish as well as Muhlfeld.
Lacey said he and his client gave Blake's attorney, Duncan Scott, all the information they requested "in a very timely fashion."
"We're disappointed that in spite of that good faith and cooperation, they chose to go ahead by suing the city and John," Lacey said.
According to state law, a person is not eligible to be a city-council member unless he or she is a resident for at least 60 days preceding the election. However, Whitefish City Attorney John Phelps advised Muhlfeld he was a legal candidate, based on another state law that says a candidate "does not lose residence if the individual goes into another state or other district of this state for temporary purposes with the intention of returning."
Blake's complaint alleges Muhlfeld did not intend to return to and reside in his city home on Somers Avenue unless he won re-election, and that after he won, he changed his residency from a house on Morrison Road (outside city limits) back to the Somers house.