Judge rules against Mesquite initiatives

Friday, Feb. 7, 2003 | 10:08 a.m.

District Judge Michael Douglas has ruled that two Mesquite ballot initiatives approved by voters in November conflicted with state law.

One of the ballot items was intended to thwart the sale of city-owned land for less than appraised value and the other required office-holders to resign before seeking other offices. Both had been rejected by the Mesquite City Council before being approved by voters.

Question 1 required "all" city land sales to be conducted through auctions or sealed bid. The judge ruled Wednesday that the restriction was so broad that it violated state law. The problem was the word "all."

Mesquite City Attorney Terry Marren said he would insert the phrase "except as permitted by" certain state statutes and he will also add that bids of less than appraised value can be taken if four of the five council members agree -- which, in effect, was the old city ordinance. The changes would still have to be approved by the Mesquite City Council.

Question 3, which was passed by 12 votes, require a city officeholder who wanted to run for another post to resign 10 days before filing for candidacy. It was wiped off the books when the judge ruled it violates an officeholder's right under state law to complete his full term.

Marren said he and the Mesquite council members had found fault with both ballot questions from the start but the questions had to be put on the ballot because there were sufficient petition signatures to place the questions before voters.