Michael Litten v. Jere Wood, Civil Action No. 2016-CV-270235 — to interpret the city charter regarding retroactive versus prospective term limits for the office of mayor of the city of Roswell — was heard by Honorable Judge Craig L. Schwall, Sr. in the Superior Court of Fulton County, State of Georgia, on Monday, May 8, 2017 at 10 a.m. in Atlanta, Georgia.
00:00 Lewis R. Slaton Courthouse, 136 Pryor Street, Atlanta GA
00:06 Candice Sanders, court reporter
00:25 Judge Craig L. Schwall Sr.
00:40 John Monroe, attorney for plaintiff Michael Litten
00:48 Richard “Dick” Carothers and Angela C Couch, attorneys for defendant Roswell Mayor Jere Wood
00:54 Judge Schwall discusses the issues of the case.
02:13 Judge Schwall reads the statute: “No person who has been elected to three or more four-year terms of office as mayor shall be eligible for election to the office of mayor.”
02:25 John Monroe responds to Judge Schwall
04:58 Angela Couch responds to Judge Schwall
05:39 Dick Carothers responds to Judge Schwall
07:45 Roswell City Attorney David Davidson
09:18 John Monroe presents motions
14:20 Judge Schwall: Alright, put up your case, please.
14:26 John Monroe makes opening statement
16:27 Michael David Litten, plaintiff and candidate for mayor,
16:51 Petitioner Michael Litten sworn in.
17:03 Direct examination of Michael Litten by John Monroe
19:19 Cross examination of Michael Litten by Dick Carothers
19:35 Michael Litten steps down
19:47 Plaintiff rests
20:06 Angela Couch makes motion for directed verdict
24:28 Judge Schwall withholds ruling on motion
24:30 Dick Carothers calls Wendell Willard (via cell phone)
24:59 David Davidson called to testify
25:11 David Brent Davidson sworn in
25:35 WSB-TV video journalist Benjamin Watson places microphone on witness stand
26:01 Direct examination of David Davidson by Dick Carothers
50:48 Cross examination of David Davidson by John Monroe
56:03 David Davidson: I have absolutely no idea what the General Assembly does.
58:02 Term limits for city council members – House Bill 534 Act 118
http://legis.ga.gov/legislation/en-US/Display/20172018/HB/534
59:50 Term limits for mayor – House Bill 1299 Act 528
http://legis.ga.gov/Legislation/en-US/display/20092010/HB/1299
1:02:28 Redirect of David Davidson by Dick Carothers
1:03:38 David Davidson steps down from witness stand
1:03:40 Mayor Jere Wood called
1:03:44 Judge Schwall steps out of the courtroom
1:03:50 Jere Wood sworn in
1:05:25 Judge Schwall returns
1:05:34 Direct examination of Jere Wood by Dick Carothers
1:20:40 Cross examination of Jere Wood by John Monroe
1:38:33 Break to label exhibits
1:43:00 Court reporter: One at a time.
1:43:30 Cross examination of Jere Wood continues.
1:48:30 Jere Wood steps down from the witness stand.
1:48:35 Break for lunch until 1 o’clock.
1:48:45 Rep. Wendall Willard, Jere Wood, and Claudia Graham Wood leave for lunch.
1:48:45 State of Georgia Seal
1:49:49 WSB-TV reporter Mike Petchenik and camera man Benjamin Watson.
1:50:10 Citizen journalist Nydia Tisdale.
1:51:29 Judge Schwall returns to courtroom.
1:52:30 Wendell Willard called to testify.
1:53:10 Wendell Willard sworn in.
1:53:40 Direct examination of Wendell Willard by Dick Carothers.
2:04:45 Cross examination of Wendell Willard by John Monroe.
2:05:30 Wendell Willard is excused.
2:05:45 Defendant rests.
2:06:03 Judge Schwall requests both sides to submit finding of facts and conclusions of law by June 15, 2017.
2:07:04 John Monroe enters exhibit: House Bill 534 creating term limits for city council members.
http://legis.ga.gov/legislation/en-US/Display/20172018/HB/534
2:07:30 Judge Schwall: Nice to see everybody. Sorry you had to wait. Have a good day.
2:07:40 Parties pack up and take their leave.
“Nydeo” by Nydia Tisdale for http://AboutForsyth.com.
Please $upport Nydeos via PayPal at NydiaTisdale@hotmail.com.
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