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Posted on: August 10, 2023

Recall Lawsuits Dismissed

Press Release Text with City of Denton Logo

The City of Denton was granted final orders in its favor on both recall election lawsuits this past month. Both cases have been dismissed.

DENTON, TX, Aug. 10, 2023 – The City of Denton was granted final orders in its favor on both recall election lawsuits this past month. Both cases have been dismissed.  

An initial lawsuit was brought against the City of Denton, its City Secretary, and the City Councilmembers on June 8, 2022. The lawsuit challenged a recall petition and election for Council Place 4 that had been certified by the City Secretary and called for an election by City Council. The recall petition, and the election held on November 8, 2022, were completed in accordance with the Denton City Charter and state law. 

On June 28, 2023, a District Court judge signed the Order on the City’s Motion to Dismiss and for Entry of Final Judgment, dismissing all claims against the City. 

A second lawsuit filed after the recall election on December 22, 2022, was brought against Mayor Gerard Hudspeth in his official capacities as Mayor and Presiding Officer. This lawsuit challenged the recall and removal of then-Place 4 Council member Maguire. The lawsuit was heard by an appointed special judge who again ruled in favor of the City of Denton’s Motion to Dismiss. The court signed the Final Motion to Dismiss Order and Entry of Final Judgment on July 14, 2023, dismissing all claims against the City. 

The City of Denton City Attorney’s Office engaged outside counsel to represent the City’s interests in both lawsuits. David Overcash, a Partner with Wolfe, Tidwell & McCoy law firm served as the City’s outside counsel and successfully defended both cases. 

Contact: Ryan Adams, (940) 349-8565, [email protected]

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