Court orders that two former members rejoin Nelsonville council

Rita Nguyen and Carol Powell have regained their spots on Nelsonville City Council after a judge approved a temporary restraining order against council on Monday. The pair also have filed a lawsuit to permanently regain their seats.

Both documents were filed Monday in Athens County Court of Common Pleas. Each council member, except Nancy Sonick and Tony Dunfee who did not attend, received a summons for the suit during council’s meeting Monday night.

Nguyen (whose name is misspelled on all the corresponding court documents) and Powell are also listed as defendants in the lawsuit as members of council.

In the restraining order, McCarthy makes these points:

Nguyen’s emailed resignation was not valid.Tony Dunfee and Opha Lawson were never appointed to NelsonvilleCity Council.Nguyen’s appointment of Powell was valid.

“The city of Nelsonville cannot effectively operate in a vacuum,” McCarthy wrote. “...The People of Nelsonville have a right to be governed by people they chose through election and the Charter of Nelsonville. And the citizens have previously voted on those people to represent them on council.”

Nicole Bowman-Layton is editor of The Athens Messenger.