Judge William R. Marchant declined to issue a declaratory judgment deeming Agelasto’s seat on the City Council vacant after his move last year. Seeking the judgment was former Councilman Henry “Chuck” Richardson, who is among a field of candidates vying to replace Agelasto on the nine-member council in a special election scheduled for November.
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A separate challenge by another former councilman, Sa’ad El-Amin, also encountered a procedural stumbling block earlier this summer. El-Amin resubmitted his challenge in July, but no hearing has been scheduled on his new filing to date.
In April, Agelasto announced his plan to resign at the end of November, 13 months before his term expires. He has served as the council’s 5th District representative since 2013.