Judge upholds New Castle mayor's election

Back to TopCommentsE-mailPrintBookmark and Share

A special judge in Henry County has dismissed a challenge to the New Castle mayor’s election, finding that mayor-elect Greg York is able to become the city’s top executive because he didn’t violate the state’s residency requirement by keeping two homes and splitting where he spent his time.

In a decision Monday, Special Judge Linda Ralu Wolf in Henry Circuit Court upheld York’s election on Nov. 8 and found he can take office at the start of the year. The ruling came about a week after Wolf, a Delaware County judge, heard arguments as to whether York met residency requirements to be mayor because he owned a home just outside the city limits and split his time between that residence and a longtime home on 11th Street inside New Castle.

York obtained 75 percent of the general election vote, securing 2,655 votes compared to the 628 received by John Mark Nipp and 226 received by Debra Baker. Nipp chose to contest the results, arguing that York isn't a city resident and doesn't meet requirements to be mayor.

 But the special judge found that Nipp and his attorney, Jeffrey Bell, fell “far short” of meeting the burden of proof to demonstrate York isn’t an eligible city resident. She rejected the idea that voters had “thrown away” their votes by casting a ballot for York on Election Day.

"A more plausible inference from York's overwhelming electoral success is that the voters, having heard the evidence of York's residency in New Castle and the arguments over it, decided that the evidence of York's intent and conduct and his long and deep connections to the community showed that he was a lawful resident of New Castle and eligible to serve as their mayor," Wolf wrote.

Nothing in state law prohibits a person from owning more than one home and having to abandon another residence when they seek public office, she wrote. Evidence shows that York continued paying property taxes, voted using that address, and kept personal belongings at that 11th St. home.

This is one of many election-related challenges that have surfaced statewide in the past year focusing on Indiana’s residency requirement. That has been an issue in the court challenges involving Indiana Secretary of State Charlie White, who faces criminal charges relating to his voter registration at an address where he allegedly didn’t reside. Hamilton Superior Judge Steven Nation on Monday declined to dismiss the criminal case against White, and it continues along with the civil suit challenging White’s ability to hold office as a result of his voter registration information.



Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. Heritage, what Heritage? The New Age is dawning .... an experiment in disordered liberty and social fragmentation is upon us .... "Carmel City Council approved a human rights ordinance with a 4-3 vote Monday night after hearing about two hours of divided public testimony. The ordinance bans discrimination on the basis of sexual orientation or gender identity, among other traits. Council members Rick Sharp, Carol Schleif, Sue Finkam and Ron Carter voted in favor of it. The three council members opposing it—Luci Snyder, Kevin Rider and Eric Seidensticker—all said they were against any form of discrimination, but had issues with the wording and possible unintended consequences of the proposal." Kardashian is the new Black.

  2. Can anyone please tell me if anyone is appealing the law that certain sex offenders can't be on school property. How is somebody supposed to watch their children's sports games or graduations, this law needs revised such as sex offenders that are on school property must have another non-offender adult with them at all times while on school property. That they must go to the event and then leave directly afterwards. This is only going to hurt the children of the offenders and the father/ son mother/ daughter vice versa relationship. Please email me and let me know if there is a group that is appealing this for reasons other than voting and religion. Thank you.

  3. Should any attorney who argues against the abortion industry, or presents arguments based upon the Founders' concept of Higher Law, (like that marriage precedes the State) have to check in with the Judges and Lawyers Assistance Program for a mandatory mental health review? Some think so ... that could certainly cut down on cases such as this "cluttering up" the SCOTUS docket ... use JLAP to deny all uber conservative attorneys licenses and uber conservative representation will tank. If the ends justify the means, why not?

  4. Tell them sherry Mckay told you to call, they're trying to get all the people that have been wronged and held unlawfully to sign up on this class action lawsuit.

  5. Call Young and Young aAttorneys at Law theres ones handling a class action lawsuit