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Town and County each spend $30,000 on abandoned court challenge

Jul 9, 2018 | 12:12 PM

The Town of Rocky Mountain House and Clearwater Water have revealed how many taxpayer dollars they’ve spent fighting a court challenge related to last year’s municipal elections.

Each says they are out $30,000, with more to come in finalizing the legal process.

In a release, The Town says council has reviewed the options of recovering those costs, though that would take more legal action, ultimately making that route financially unjustifiable.

The Town says it is more important now to focus efforts on advancing the town and making the community stronger. 

Council also thanked election workers who they say did an “outstanding job” and had to “endure this process.” 

Last month, it was revealed both applicants in the court case had issued a Discontinuance of Claim.

Diana Spencer, who lost her race for a council seat in the county by one vote, filed hers in March, while Rocky mayoral runner-up Sheila Mizera, who lost by 50 votes, filed on June 22.

The discontinuances come after two court appearances in Red Deer Court of Queen’s Bench last December and January. The matter had been adjourned until Nov. 8, 2018 so it could be heard in Special Chambers to determine whether the applicants had standing to seek a judicial review.

Spencer and Mizera told rdnewsNOW last December that they weren’t challenging the results for the sake of having a re-count or a do-over. Rather, they claimed that there were voting irregularities, including residents voting in the wrong municipality or in both of them.

At the December appearance, the pair were informed by a judge that they had to serve the Minister of Justice. They accomplished that ahead of the next court date in January, which is when the case was put over until this fall.

In March, Rocky Mountain House town council and Clearwater County council each approved $50,000 to be put towards the legal costs.