Attorney Stuart James said he has been retained by some District 6 residents for a possible recall of Councilwoman Marti Rutherford.
Attorney James said, "They feel rather strongly that she did not produce the proper evidence that she was a valid resident of District 6 when she ran for the office. "They feel very strongly that she is not their elected representative."
Meanwhile, a shot was fired into the Hemphill Drive residence of Ms. Rutherford on Monday afternoon.
City police said the shot was apparently from a BB gun.
Jeff Styles of WGOW Talk Radio said Ms. Rutherford was on the phone with Missy Crutchfield, a city administrator, when she heard the crash of a window breaking.
City police were called to the scene and checked out the incident that happened around 3:30 p.m.
Police spokesman Rick Mincy said, "Today around 3:45 p.m. police were called to 309 Hemphill Dr. in the Brainerd area on a vandalism call. Police found a broken window that appeared to be from a BB gun. The owner of the residence is Councilwoman Marti Rutherford."
Attorney James said the group will await possible action by the City Council on Tuesday on the Rutherford residency issue.
City Attorney Randy Nelson is slated to present his findings on Tuesday afternoon on whether Ms. Rutherford is a valid resident of the district or whether she should be ousted from office.
Attorney James said he was contacted by District 6 residents Candy Corneilson and Alan Richelson and he has also heard from several others who want to join the case.
He said he is studying whether he might file a court action or a petition with the election office.
Attorney James said, "An ouster action by the City Council would, of course, make all this moot."
Hemphill Avenue is the longtime residence of Ms. Rutherford. She was living there when she earlier served as the District 6 representative. The site of her home was shifted to District 5 during a short period when she was out of office after a failed attempt at seeking the mayor's office.
Ms. Rutherford has maintained that she set up a legal residence at a "mother-in-law apartment" on Alta Vista within District 6. She recently said she had moved her legal residence to Sweetbriar in District 6 because of unwanted attention on the Alta Vista location.