An Austin attorney hired by the city of College Station argued in a legal brief that the judge deciding whether the city's Nov. 3 election on red light cameras is valid should consider the will of the voters.
Bob Heath was hired Nov. 11 after two residents, Gary Ives and John Hemrick, filed a petition seeking to have the election invalidated on the basis that it violated the city's charter.
Their argument is that the ballot measure was a referendum, which would overturn an ordinance and had to be filed within 20 days of the ordinance being passed.
The city argues that the ballot measure was an initiative, which didn't overturn an ordinance, but created a new one.
Heath's legal brief, which was filed Thursday, says it's difficult to imagine any ballot measure -- initiative or otherwise -- that does not affect some portion of a pre-existing ordinance.
Heath said the judge should err on the side of the voters, who opted to end the city's red light camera program
Roger Gordon, who represents Ives and Hemrick, said in an e-mail that he would file a brief in the case Friday morning.
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