Former Montgomery City Council member sues over removal from seat
FILE – Former Montgomery City Council member Marche Johnson – Photo from WAKA Action 8 News
MONTGOMERY, Ala. (WAKA) – Action 8 News has confirmed that former Montgomery City Council member Marche Johnson has filed a lawsuit against the council for removing her from office.
Last Tuesday, the council voted unanimously to remove her from her District 3 council seat, where she had served since 2021. The council determined that Johnson no longer lived in the district, which is required to hold the seat.
The council’s evidence included Montgomery County property records that show Johnson bought a home in District 7 with a VA loan, which requires a military member to live in the residence. The council set a special election for the seat for September 1, with qualifying starting today.
Johnson’s lawsuit is against the other eight council members in their official capacity. It doesn’t include Mayor Steven Reed, who did not have a vote to remove her because he is not a council member.
Her lawsuit contends that she lives in District 3 and satisfies all legal requirements to hold the seat. It does not address the residence in District 7 or the VA loan.
It says that speculation began spreading online last month questioning her residency. She says the city attorney gave her the chance to submit paperwork to prove her District 3 residency, with retired Circuit Court Judge Charles Price to provide an independent review of it.
The lawsuit says that a hearing was to be set, which never happened, and that she was given no steps to take to challenge the council’s vote against her.
The lawsuit says the council’s decision was “arbitrary, capricious, unreasonable and contrary to applicable law.” It says she has suffered a loss of income, distress and harm to her reputation in the community.
It doesn’t seek to reinstate her to her council seat. Instead, it asks that a judge declare that she is a resident of District 3 and to award her damages, including attorney’s fees.
