“You have an absolute right to a second kick of the cat,” he said.
The city has so far spent $16,843 defending Wood's right to hold his office.
Though Wood was sued in his individual capacity — and not as mayor — city attorney David Davidson said in a statement that there is “definitely a City interest in this matter” that warrants Roswell paying the tab for the mayor’s legal fees.
“The case is challenging the status of a sitting Mayor and whether he is able to remain in office,” Davidson said. Whether “a sitting Mayor is removed from office or was never qualified to be in office, has a direct effect on various matters within the City and may call into question any vote that he may have participated in or action he may have taken.”
Monroe said he did not think Roswell should pay Wood’s defense, since he is not being sued for doing something in his capacity with the city.
Michael Litten, who previously challenged Wood for mayor, pursued the suit. Monroe, his attorney, said a second appeal was filed to the State Supreme Court by the superior court.
Monroe said the State Supreme Court should take jurisdiction within the month.
“This is an unusual case, in which the trial court openly announced that it did not know how to proceed in this case without appellate court guidance,” Monroe wrote in a previous appeal.