Kip Etter files injunction and application for restraining order against the rest of Wellington City Council

first_imgby Tracy McCue, Sumner Newscow — Kip Etter, whose status as a Wellington Council member is currently in limbo, has filed a petition through a Wichita law firm for “temporary and permanent injunction” as well as “application for restraining order” against the rest of the Wellington City Council.Kip EtterThe petition was filed this afternoon in Sumner County Civil Court. It is a 14-page document through Ryan M. Peck, a Wichita attorney, who represents Etter.The petition was divided into two counts. In the injunction, Etter has asked the court to ask the defendant, which is the Wellington City Council, to:•recognize him as the rightful elected occupant of his city council seat until the end of his term on January, 13, 2020;•to cease and desist from any efforts to fill that council position with another individual;•to immediately cease and desist from any conduct tending to indicate that Mr. Etter is not the rightfully elected occupant of his city council seat;•for a permanent injunction requiring all defendants (individual city council members) from refraining from any actions or attempt to remove Mr. Etter from his council seat;•for an award of all monetary damages incurred as a result of defendants illegal actions;•for an award of reasonable attorneys’ fees and costs as permitted by law; and•for such other and further relief as this Court deems just and equitable under the law.In the second part of the petition concerning the temporary restraining order, the plaintiff is asking the court:•to require defendants to recognize him as a properly elected city council member for that petition;•require defendants to allow Etter to retain his seat as a city council member through the pendency of his litigation;•prohibit defendants from engaging in any activities intended to or designed to remove Etter from this council seat or appoint a successor to that seat during the pendency of this litigation;•for an award of reasonable attorneys’ fees and costs at permitted by law; and•for such other and further relief as this court would deem just and equitable.The council was listed individually in the petition as: City of Wellington mayor Shelley Hansel; Kelly Green Hawley, city council member; Jan Korte, city council member; Bill Butts, city council member; Jim Valentine, city council member and Vince Wetta, city council member.The petition describes the parties, the jurisdiction and venue, factual background, and the two counts.Sumner Newscow will provide a more detailed report of the petition in a later report.last_img

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