Madison County Superior Court 1 Dennis Carroll ordered Wednesday morning the immediate appointment of a special judge to determine the residency of Mayor Kris Ockomon.

A lawsuit was filed Friday seeking an immediate order restraining Ockomon from taking the oath to be Anderson's mayor on Tuesday and a permanent injunction to restrain him from assuming or exercising any duties as mayor. The request for the restraining order was denied and Ockomon took office. A judge did not rule in the matter of a permanent injunction.

Mayor Kevin Smith declined to surrender the office of mayor Tuesday until the merits of this litigation has been determined. Smith claims Ockomon did not live in Anderson the required one year before his election to office.

The Madison County judges believe they each have a conflict of interest in the case, according to Carroll's order. A request has been sent to the Indiana Supreme Court for a special judge to be appointed.

For more information on this story, see updates at www.theheraldbulletin.com and Thursday’s The Herald Bulletin.