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Despite setback, Troy annexation case to continue

| July 30, 2007 12:00 AM

By KYLE McCLELLAN The Western News

It's back to the books for former Troy mayor Tony Brown, whose case against current mayor James Hammons was halted Tuesday because of improper summons.

After the brief hearing at the Lincoln County Courthouse, Troy city attorney Mark Fennessy, who is representing Hammons, said the prosecution likely missed the crucial step because no attorney is involved on its side.

That isn't a deterrent to Brown, who said he'll continue because he firmly believes the law has been violated.

"I'll go on the Internet, I'll look up the rules of civil procedure and I'll proceed," Brown said via telephone Tuesday.

"Whether Hammons is the best mayor we've ever had or the worst mayor we've ever had is not the point. Taxpayer money is now going to defend a wrong position."

In June, Brown filed for an injunction to stop Hammons and the city of Troy from annexing Hammons' residence, which lies just outside city limits. Montana law stipulates that a mayor must live within city limits.

Hammons was appointed mayor in the summer of 2005 after the resignation of John Brown. He defeated Don Banning by a margin of more than 2-to-1 in the November election.