Former Montgomery City Councilwoman Marche Johnson sued the city of Montgomery and the eight other members of the council on Monday after her seat was recently vacated.
Johnson is seeking compensatory damages but will not seek reinstatement to the council, according to WSFA.
The Montgomery City Council voted last week unanimously to vacate Johnson from her District 3 seat. The council also approved a resolution establishing a special election on September 1 to fill the vacancy.
The lawsuit is being heard by Montgomery County Circuit Judge Brooke Reid.
According to WSFA, the initial complaint shows several documents listing Johnson's address within District 3. However, 1819 News reported recently that Johnson lives in a home in City Council District 7, not District 3, which she has represented since 2021.
Johnson purchased the home in June 2024 for $359,900 with a VA loan. She also has a property tax exemption listed on the home, which would indicate the home is her primary residence. By law, members of the Montgomery City Council must live in the district they represent.
"All of these documents list the above-referenced address located within the district. This is a clear representation of Ms. Johnson’s domicile and her subjective intent to remain. Although she has acquired another property, this does not change her previous domicile. Alabama law is clear that “where facts are conflicting, the presumption is strongly in favor of an original, or former, domicile, as against an acquired one,” Johnson’s attorney said in the filing. “Ms. Johnson’s acquisition of another residence does not constitute abandonment of her established domicile with District 3. Alabama law recognizes that an individual may own or occupy multiple properties while maintaining only one legal domicile. The relevant inquiry is not ownership of real property, but whether the prior domicile was abandoned and a new domicile acquired with the intent to remain there permanently. Ms. Johnson never surrendered possession of the property. She continues to pay taxes, maintain utilities, voter registration, driver’s license and reside within the district.”
Johnson’s attorney continued, “Based upon the attached evidence and controlling Alabama authority, there is no factual or legal basis to conclude that Ms. Johnson abandoned her District 3 domicile or established a new domicile elsewhere. Accordingly, she remains fully qualified to serve as the elected representative of District 3."
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