Rob Healy

A Hamilton County Chancery Court judge is expected to rule soon whether former city Parks and Recreation head Rob Healy can run for mayor of Chattanooga in the spring.

Chancellor Howell Peoples heard Mr. Healy’s lawsuit Friday morning but did not issue an opinion.

“He’ll probably issue a written opinion in the next few days,” said attorney Jerry Farinash, who is representing Mr. Healy.

Mr. Healy sued the Hamilton County Election Commission after it ruled last month that he was not eligible to run against Mayor Ron Littlefield in the March 3 election. The election commission contends that the City Charter states Mr. Healy must live in the city for one year before the election qualifying date of Dec. 12. He filed his election qualifying papers in September and moved into the city in February.

Attorneys for Mr. Healy, however, contend the charter specifically states that their client needs only to live in the city for one year before the March election date.

Jerry Summers, attorney for the election commission, said in court Friday that his opinion and that of the state election commission relied heavily on the opinion of City Attorney Randy Nelson. Mr. Nelson issued an opinion in July stating Mr. Healy could not run because a change to the charter in 2002 was in error. Mr. Nelson contends an earlier 1992 version of the charter that talks of qualification was left out of later city charters.

Mr. Healy noted after Friday’s hearing that the charter in 2002 was voted on by the public.

“I don’t understand how he can rule any other way than what the citizens in our community voted on,” he said.

Attorney David Evans, also representing Mr. Healy, said the county election commission’s ruling twisted wording within the charter.

“Something may be white, something may be black, something may be hot, something may be cold,” Mr. Evans said. “But it’s hard to be white, black, cold and hot at the same time.”

Mr. Summers said there was no intention to try to disqualify Mr. Healy.

“It’s a legal issue that needs to be decided by the court,” he said.

During a Hamilton County Election Commission meeting Friday morning, Mr. Summers told commissioners they should abide by whatever decision Chancellor Peoples makes.

“I would recommend it not be appealed if you lose,” he said.