It had been scheduled to go to trial Monday, but Circuit Judge Malcolm Street rescheduled the court date because Bearden’s wife is to have surgery Monday, a court document states.
This marks the second time the case has been delayed. The case was first set for trial in the summer months but was postponed when an attorney acting on behalf of Bearden filed a motion with the Alabama Supreme Court to postpone the trial.
For more than a year some of the city’s residents have alleged that Bearden actually lives in Anniston, not Weaver — an allegation that, if true, could disqualify Bearden from office.
Bearden maintains that he lives in Weaver, where he says he raised his family in a ranch-style home. But he also has said he has many homes, including one in Anniston on Weaver Road where the first-term mayor maintains a farmhouse just outside Weaver’s city limit.
The suit that prompted the case was filed last year by Councilman Michael Warren. Warren said the catalyst behind the legal action was complaints from residents who said Bearden was not a Weaver resident.
Alabama law states that elected municipal leaders must live in the cities they govern.
Star staff writer Laura Johnson: 256-235-3544.