After City Council decided not to put a measure on the November ballot that would have allowed citizens to vote on whether to approve any ordinance coming out of the CodeNEXT process, attorney Fred Lewis filed suit on behalf of a group of citizens. Lewis announced on Thursday that the request for mandamus would go before a judge on June 27. As noted in his email, Judge Orlinda Naranjo will hear legal arguments but there will be no testimony. Lewis said that he and Bill Bunch will represent the petitioners, and lawyers from Scott, Douglass & McConnico will be representing the city. Council has been advised by its attorneys that the city is neither authorized nor required to call an election on this particular petition. According to a memo obtained by the Austin Monitor, “The outcome of litigation is never guaranteed; however, the significant weight of legal authority supports the conclusion that an election is not required.” Council will have until August 20 to place the matter on the ballot if ordered to do so by a judge.
Jo Clifton is the Politics Editor for the Austin Monitor. More by Jo Clifton