Mayor: Jennifer P. Dougherty

CONTACT: Nancy Gregg Poss, Public Information Officer, 301-360-3842
FOR IMMEDIATE RELEASE: Friday, May 27, 2005

LENHART LAWSUIT AGAINST MAYOR
DISMISSED BY JUDGE TISDALE TODAY

Frederick, Md. --- Judge John H. Tisdale dismissed a lawsuit today filed by David G. Lenhart against the City of Frederick’s Mayor Jennifer P. Dougherty. Lenhart’s lawsuit questioned the Mayor’s authority to veto a charter amendment passed by the majority of the Board of Aldermen, specifically addressing the Mayor’s veto over the January 20th vote regarding residency requirements for the office of Mayor. Lenhart’s suit also questioned the Mayor’s authority to hire outside counsel with Board of Aldermen approval. Today, Judge Tisdale dismissed both issues.
Last week William Alden McDaniel, Baltimore-based counsel for Mayor Dougherty, requested the case be dismissed due to the May 20th Federal Court ruling that the City of Frederick’s three year residency requirement for Mayor was unconstitutional. As a result of that ruling, on May 24th the Mayor signed the original resolution to amend the City charter lowering the residency requirement to one year.
“It is too bad that the people of Frederick cannot determine the residency requirements for those who hold elective office. I find both lawsuits an insult to the majority of the people of Frederick who wanted the three-year residency for those who run for mayor,” stated Mayor Dougherty.
She added, “Legislating from the bench is a tough thing for people to swallow and I don't think we should not decide our elections in courtrooms. That is one reason I am gratified that Judge Tisdale agreed with us that the issue was resolved and should not have been in Court today. There was nothing else the Judge could do because the issue was moot as a result of Judge Motz's holding.”