Hearing on Laurin Hendrix lawsuit on council seat to be held Sept. 9

Gilbert Water Tower — A judge has set a Sept. 9 hearing to hear arguments about whether Laurin Hendrix should be seated on Gilbert Town Council immediately or in January. (Courtesy town of Gilbert)

A judge has set a Sept. 9 hearing to hear arguments about whether Laurin Hendrix should be seated on Gilbert Town Council immediately or in January. (Courtesy town of Gilbert)

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By Tom Blodgett | 5:15 AM Aug 21, 2020 MST | Updated 5:15 AM Aug 21, 2020 MST

A hearing has been set for Sept. 9 on a Gilbert Town Council member-elect’s lawsuit asking that he be seated on council immediately.

However, Maricopa County Superior Court Judge Daniel Kiley denied a request Laurin Hendrix made through his attorney, Timothy Lasota, that council be prevented from taking any actions until the matter is resolved.

Hendrix defeated Bill Spence in this month’s town election to fill the remainder of former Council Member Eddie Cook’s term. Cook resigned in February to become Maricopa County assessor, and Spence was appointed in March to serve until a council member could be seated from election.

The town’s position has been that Hendrix should take his seat in January 2021 along with the other election winners. Hendrix argued in his suit that because Spence was appointed, Hendrix should take the seat now. Both sides cite state laws on the matter.

The hearing Aug. 20 mostly set the calendar for the case.

According to the town, Hendrix’s supplemental brief is due Aug. 21. The town’s response brief is due Sept. 4, and Hendrix’s reply brief is due Sept. 8. The oral argument will be 3 p.m. Sept. 9 in Maricopa County Superior Court.

By Tom Blodgett

Raised in Arizona, Tom Blodgett has spent 30 years in journalism in Arizona and is the editor of the Gilbert edition of Community Impact Newspaper. He is a graduate of Arizona State University, where he now serves as an instructional professional in the Walter Cronkite School of Journalism and Mass Communication and editorial adviser to The State Press, the university's independent student media outlet.