The three Alice residents who filed a temporary restraining order, temporary injunction and permanent injunction against the City of Alice and the City Clerk in October did not show up to the injunction hearing Monday morning.
Cora Lozano, Ana Salas and Lupe Martinez had filed the application with the 79th District Clerk's Office stating the recall petition against former councilwomen Yolanda Sosa Moran and Elida Garza were invalid.
District Judge Richard Terrell made a comment about the plaintiffs failure to appear before the court and how they had not contacted John Lemon, City of Alice attorney, before dismissing the hearing.
“I don’t anticipate anything happening (with the proceedings),” Lemon stated.
The injunction was to prevent the recall election that occurred on Nov. 7. Six months after the women were elected into office they were voted out by Alice residents.
According to Lozano, Salas and Martinez’s application, Defendant Diana Lopez, city clerk, certified a recall petition against Moran and Garza because the former councilwomen approved the opening of the Alice Natatorium without conducting financial or operational due diligence nor determining the financial effect on City of Alice taxpayers…
The defendants also claimed the said allegations are without merit. They believe that in accordance with the Alice City Charter the recall was no longer valid and it should have been conducted as a special election between 30 and 35 days after the petitions were presented. Petitions were presented June 16.
No date has been set for a new election to vote on new council members.