A lawsuit filed by Domina Law Group Founder David Domina against the Alvo Village Board has been profiled by the Omaha World-Herald.
As reported by the World-Herald, Domina filed the suit on Thursday, October 28, 2021 on behalf of an Alvo resident who has been critical of Village Board members for failing to oversee a scrap tire operation that grew to twice the size allowed by Nebraska environmental and fire regulations.
The suit claims that the Village Board failed to call a recall election as required after a petition drive collected enough signatures to force a recall vote on two board members – one a recent owner of the tire scrapyard and the other a Chairman of the board.
Despite the Cass County Election Office certifying in September that petitions had enough signatures to force a recall, the Village Board voted 5-0 in October against the recall election. Cass County Election Commissioner Linn Moore said the two board members being targeted by recall organizers participated in that vote when they should have recused themselves.
Moore and Domina agree that Nebraska election law is clear:
“If enough voters sign a recall petition, then a village board or city council must call a recall election. It is not discretionary, Moore said in an interview and Domina said in the lawsuit.”