UPDATE on Saturday at 12:30 a.m.
ABINGDON, Va. – Washington County Supervisor Tom Taylor remains in office after a judge declined to consider a request to remove him. But businessman Bill Roop, who filed that request, plans to try again.
Roop’s first request was dismissed Friday on procedural grounds. Washington County Circuit Judge Larry Kirksey ruled that Roop didn’t provide enough qualified signatures on his petition and didn’t sign the document in the manner required by state code.
“At this junction the court requires that the procedure be followed before the court can ever reach the merits of the case,” Kirksey said. “Therefore, the motion to strike is granted on those grounds and only on those grounds.”
Kirksey asked Taylor’s attorney, R. Wayne Austin, to prepare an order to be presented at 9 a.m. Wednesday; the court also will address the issue of whether the county should be responsible for Taylor’s legal fees.
“We’re very pleased with the result,” Austin said. “We believe the result would be the same if the judge had needed to hear all the evidence.”
Roop had no comment except to say he would re-file the challenge, which consists of a claim that Taylor misused his office when he made negative comments about Roop’s controversial billboards at a 2008 Washington County Board of Supervisors meeting.
State code allows for citizens to petition to remove an elected official from office if the official is neglecting his duty, misusing his office, incompetent or convicted of a crime.
Supporters of Taylor, more than a dozen of whom were gathered in the courtroom Friday, said the effort to remove him is really about his opposition to a truck stop that was planned for his district but was recently voted down 5-4.
“We think the truck stop was the overwhelming issue, but the petition had nothing to do with the truck stop,” said Eugene Rasor, of Emory. “I saw this as retaliation and harassment.”
Prince Coleman, of Glade Spring, said he believes many people signed the petition because of the truck stop controversy – not because of Taylor’s comments about Roop’s billboards.
The list of 192 signatures, once checked against voter registration records by Voter Registrar Mary Anne Compton, turned out to be two short of the 194 required to represent 10 percent of the votes cast in the last election in Taylor’s district.
Roop presented a list of additional signatures, but the court did not accept them because they were added after the fact.
During Friday’s hearing, Smyth County Commonwealth’s Attorney Roy Evans, who represented the Commonwealth in the case, said it appeared the petition would need to be re-filed for the case to go forward.
dmccown@bristolnews.com | (276) 791-0701
ABINGDON, Va. – An effort to remove a member of the Washington County Board of Supervisors from office was stopped Friday on procedural grounds.
Washington County Circuit Court Judge Larry Kirksey said Glade Spring businessman Bill Roop didn’t provide enough qualified signatures on his petition to remove Supervisor Tom Taylor, and also didn’t sign the document under oath as required by state code.
Roop said he will refile the challenge; Taylor’s attorney, R. Wayne Austin, said he believes the result would be the same if the case were decided on the merits.
In the case, Roop claims that negative comments Taylor made about his controversial billboard business during a board meeting constitute a misuse of office.
For more information about Friday’s decision – and what Taylor’s supporters think of the case – read tomorrow’s Bristol Herald Courier.
Advertisement