Attorney requests action to oust county health director Lopez

A request to oust Lancaster County's interim health director is awaiting action by the Lancaster County Attorney's Office.

A request to oust Lancaster County’s interim health director is awaiting action by the Lancaster County Attorney’s Office.

Channel 8 Eyewitness News has obtained a copy of a letter from County Attorney Pat Condon which says his office received a request on Monday to file a quo warranto action against Pat Lopez.

The action is a legal proceeding to remove a person who is holding a public office illegally. If the action is successful, that person would be ousted from the office.

The request was filed by J.L. Spray, a Lincoln attorney representing Ben Madsen.

Madsen’s pool hall reopened Tuesday morning after complying with health measures after more than a week of refusing to do so.

Last week, a hearing was held in which Spray argued Lopez had not been duly appointed to her position as health director, which required approval of the board of health, city council and county board.

Condon said in the letter he believes it is his duty to prepare the motion to oust Lopez, based on the length of time she has held the office through a “consulting agreement,” the continued failure for her to be approved as required by state law, and “because Ms. Lopez’ recent actions toward business owners may result in Lancaster County citizens facing injunctions, civil proceedings or even being arrested and charged with a crime.”

A source with knowledge of the situation told Channel 8 Eyewitness News a meeting was held Tuesday that included Condon and other county officials. The source said it was understood that Condon, who has 10 days to file the motion, would not do so – and that  county officials will likely vote this week to approve Lopez.

Condon did not immediately respond to a request for comment.

Lopez and Mayor Leirion Gaylor Baird are scheduled to speak with reporters Tuesday afternoon.

Spray told Channel 8 Eyewitness News his client could seek damages as a result of his business being closed through a “legal nullity.”

Channel 8 News has also spoken with multiple members of the county board who say they ‘fully support’ Director Lopez.

This is a developing story, we will continue to provide more information as it becomes available.