Judge extends order preventing newly-elected HCC trustee from taking oath

A judge extended a temporary restraining order preventing Dave Wilson from taking the oath of office due to a residency dispute
January 13, 2014 5:33:28 PM PST
There's a saying that in law, nothing is certain but the expense. That is certainly true of the legal battle between newly-elected Houston Community College Board of Trustees member Dave Wilson and the Harris County Attorney's Office.

"What gives them the right to file a bunch of legal stuff to stop the election?" Wilson asked. "Is this a banana republic?"

It began December 30, when County Attorney Vince Ryan obtained a temporary restraining order to prevent Wilson from taking his oath as trustee for HCC District 2 because the address Wilson claimed as his residence is reportedly not where his home is located; it's a business that's been furnished.

On Monday, a judge extended that restraining order by 14 days, but Wilson says he will be at Thursday's board meeting anyway.

"I definitely will be down there Thursday at the meeting to rule," Wilson said.

Here's why: the court order only prohibits Wilson from being sworn in, not from acting as a trustee. And Wilson was already sworn in.

"I never received service until four days after I signed the oath of office," Wilson said.

"[The judge] didn't overrule and say that the oath was invalid," Wilson's attorney, Kevin Gross, said.

The county is seeking an order to prevent Wilson from working as a trustee.

"We feel, at that point, the judge will grant our application for a temporary injunction," said David Soard, first assistant county attorney.

That hearing is next Friday -- a week and a day after Wilson takes his seat in the board room.

"It would be up to the Houston Community College how they're going to deal with Mr. Wilson in that situation," Soard said.

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