by Tracy McCue and Shane Farley, Sumner Newscow — Following a series of out-of-court discussions that lasted almost 30 minutes, a temporary restraining order was issued against the Wellington City Council, according to Ryan M. Peck, the attorney for council member Kip Etter.

Kip Etter

The order prohibits the council from taking any action as it pertains to Etter’s verbal resignation and any effort to replace him. Etter will not attend tonight’s meeting.

His absence will be excused.

The restraining order recognizes that Etter is a properly elected city council member for that petition, he will be allowed to retain his seat as a city council member, and prohibit the council from engaging in any activities to appoint a successor to that seat.

The restraint order will award a reasonable attorneys’ feed and cost as permitted by law.

When asked what will happen next after the meeting, Peck said “it all depends on what the council wants to do.”

For now, no action will be taken regarding an injunction in the case. Assuming Etter is allowed to return to his seat, there would be no need for the legal case to proceed.

By definition, a restraining order, prohibits an individual from carrying out a particular action.

The council is to meet at the council chambers at 6:30 p.m. tonight. On the agenda, the council is to discuss a memo sent by Wellington City Attorney Mike Brown who is recommending that the municipal board to either approve, not approve, or take no action on Etter’s alleged resignation.

The injunction/restraining order hearing was scheduled at 1:30 p.m. today at the county courthouse.

There was no proceeding held in the courtroom, instead attorneys for both sides met with Judge Scot McQuin and then consulted with their clients.

Etter filed a petition requesting an injunction/restraining order on Friday. The case was to be heard today, before the council meeting. Etter issued court potion in hopes of preventing the council from filling the vacancy of the council seat.

No injunction was issued in which the court which would have ordered the defendants, aka Wellington City Council, from ceasing and desisting any movement toward filling the council seat.

On Aug. 2 at a Wellington City Meeting, Etter said he was “resigning.” On the Aug. 16 city meeting, Hansel told him to “step down.”

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