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California Courts of Appeal

Dec. 6, 2023

Panel affirms removal of city council members who overstayed

“When Mission Viejo’s voters went to the polls and elected people for two-year terms, they had a right to come back two years later and choose successors,” said Aaron R. Hand of Bunsow De Mory LLP.

A Court of Appeal panel affirmed a trial court’s removal of three Mission Viejo city council members from office, finding that they illegally overstayed their two-year terms.

The panel upheld a September 2022 ruling by Orange County Superior Court Judge Walter P. Schwarm finding that a failed bid to move the city from at-large to cumulative voting did not warrant extending the terms of council members Ed Sachs, Wendy Bucknum, and Greg Rath...

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