Darin MitchellPHOENIX (CBS5) -
A state appellate court is erasing a trial judge's ruling that a Republican legislative nominee can't run in the general election because he didn't live the district where he's a candidate for a state House seat.
A Court of Appeals decision Tuesday says a trial judge shouldn't have considered the lawsuit challenging Darin Mitchell's candidacy because the lawsuit wasn't personally presented to Mitchell or his attorney. [Read the court's decision (PDF)]
State Rep. Russ Jones filed the challenge. The Yuma Republican lost to Mitchell and state Rep. Steve Montenegro in the primary election.
Jones argued that Mitchell waived the requirement to be served because he and his attorney appeared in court to oppose Jones' challenge.
The Court of Appeals says that doesn't matter because Mitchell was on record as objecting to the lack of service.
Stay with cbs5az.com for updates on this developing story.
Copyright 2012 Associated Press. All rights reserved. CBS 5 (Meredith Corporation) contributed to this report.
