Judge denies motion to dismiss Foster mayor case

A small victory for Ed Foster and his attorney Julie LaBenz today in Foster’s case to be seated as mayor of the Town of Quartzsite.

In a hearing Thursday afternoon, the Town argued that Foster’s request for a writ of mandamus, forcing the Town to seat Foster as mayor, was the wrong request and the wrong venue.

Judge Burke disagreed, saying that Foster was not contesting the facts or the vote, but contesting the Town Council’s subsequent actions which purported to disqualify him despite being elected.

The U.S. Department of Justice is evaluating the Town ordinance which was used to disqualify Foster, and have until September 17th to decide whether the ordinance is valid or not. The ordinance in question states that candidates who owe the Town money cannot qualify for office. Foster owes Quartzsite an amount of money after losing a lawsuit in La Paz County Superior Court.

Oral arguments have been set for September 19th, at which date the judge may seat Foster as mayor or set a date for a judge or jury trial, among other outcomes.