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Judge halts Colonial Beach School Board attempt to oust member it claims no longer lives in town Date published: 9/25/2009
BY FRANK DELANO A Westmoreland County circuit judge yesterday blocked the Colonial Beach School Board from expelling B. "Anne" Congdon as a member. In issuing a writ of prohibition requested by Congdon against the School Board, Judge Joseph Ellis said the board lacked statutory authority to remove her and appoint a replacement. The board voted earlier this month to oust Congdon, claiming she no longer lives in the town. "This court is not being asked today to decide on her residency. This court is being asked to rule on the School Board's decision to replace her," said Ellis. Ellis ordered the board not to appoint a new member until the court rules that Congdon's current domicile in Northumberland County constituted a change in her Colonial Beach residency that would disqualify her from serving on the School Board. "Somebody, some plaintiff, most likely the School Board, needs to file something for this court to determine if she's still a resident," Ellis said. "I'm not sure what the School Board is going to do next," said acting Chairman Tim Trivett. Trivett attended yesterday's hearing with board member Michael Looney. Trivett, Looney and recently appointed member Wayne Kennedy voted Sept. 9 to declare Congdon's seat vacant and to advertise for candidates to replace her. The board had set Sept. 30 as its date to interview candidates and possibly select one. Congdon has said that her home on Monroe Street was destroyed by fire in 2007 and is being rebuilt. She then moved to a rented house on Ninth Street, which Congdon said went into foreclosure this year. Her mother, Emmy-award-winning actress Mary Fickett, bought a Northumberland County home in August. Congdon has said she is temporarily living with her mother until her Colonial Beach home is rebuilt. Congdon, who said she prepared her application to the court without benefit of counsel, represented herself at yesterday's hearing. She sat alone at one table before the judge.
The school board went about the wrong way of doing things. Plus, its not as if the lady up and left town. She tried to stay in Colonial Beach, but by circumstances beyond her control, was not able to. Yet, she has plans to move back in. It sounds like that she may be able to establish residency. No wonder the judge ruled in her favor! The circuit court just might have ruled that she is a resident, and therefore could keep her seat. Should be interesting to see what comes next.
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