(WMC) - Henri Brooks is still a Shelby County Commissioner. Chancellor Kenny Armstrong says the county attorney has not proved she moved out of her district.
On Thursday, Armstrong granted an injunction for Brooks. He added the County Commission must have a hearing to determine if she has.
"My constituents are important here. My constituents," said Commissioner Brooks.
On Thursday morning, after her court battle, Brooks said "In spite of all the reports that they may have read or may have seen to the contrary I have not been ousted. I am a commissioner."
"I'll restrain them from filing a vacancy," said Chancellor Armstrong.
He ruled the Shelby County attorney's office determined only that Brooks no longer lives at her listed address on Crump, not that she lives in district 2.
"Frankly, I don't know why anybody would be satisfied with that as a determination that results in the removal of an elected official," Armstrong added.
He said if the county commission wants to fill a vacancy it must first determine there is a vacancy it must first determine there is vacancy by finding Brooks has moved out of her district through some type of due process hearing. That has yet to be determined.
"We're happy about today's outcome. It's a long way from being over because there's no one who knows what's next. Not the county attorney. Not the chancellor. Not the commissioners. And not any of the attorneys," said attorney Mike Working.
Armstrong says he'll wait to see what happens Monday at the next commission meeting. Brooks says she will show up planning to speak for district 2.
The judge says whatever process the county commission takes and whatever decision it makes will be subject to the judge's review.
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