Former Carnegie council member Emmett Freshwater is the borough's mayor -- again.
Mr. Freshwater had been elected mayor Dec. 3 in a split vote by the vacancy board, but he never took office because an injunction invalidating a mayoral appointment had been issued -- unbeknownst to board members -- just hours before the meeting.
Allegheny County Common Pleas Judge Timothy Patrick O'Reilly ruled April 18, however, that the Dec. 3 injunction by Common Pleas Judge Christine Ward was invalid because it did not include a bond amount.
Former Carnegie council member Emmett Freshwater now is mayor because of that technicality. He is the borough's third mayor in six months.
The mayoral carousel began when James Pascoe resigned Oct. 23 but changed his mind two days later. When council refused to accept Mr. Pascoe's letter rescinding his resignation, he took the issue to court.
Mr. Pascoe filed an injunction to block the appointment of his successor until he could argue his case. Judge Ward granted that injunction, invalidating Mr. Freshwater's election Dec. 3 and resulting in the automatic elevation of council president Tom Snyder as acting mayor.
In March, Common Pleas Court Judge Judith L. A. Friedman ruled that Mr. Pascoe's resignation was effective Oct. 23, clearing the way for council to appoint a mayor. Council voted 4-2 to appoint Mr. Snyder for the remainder of Mr. Pascoe's term until January 2010.
That action was challenged by Mr. Freshwater and council members Vera Freshwater -- his sister -- and Fred Carini who returned to Common Pleas Court April 18.
Judge O'Reilly's ruling restored Mr. Freshwater's Dec. 3 appointment, which was on a 3-2 vote with vacancy board chairman John Duran casting the deciding ballot.
