ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Monday, October 17, 2005

Jump Gun, Lose Job?

The town of Cheswold, Delaware, may have an interesting contracts issue coming up.  Seems the town had a charter provision that prohibited Town Council members from being hired as Town Manager less than one year after they left office. That provision was subsequently repealed by legislation.  But 13 days before the repeal went into effect, the Council hired former Councilman Edward J. Ryan, Jr., to the $51,000-a-year job. Ryan apparently resigned and got the job at the same time, and has been functioning in the job since January.

The council is now facing claims that the contract is void and that Ryan is ineligible for the job.  Is the contract void ab initio as a violation of the prior statute?  If so, does Ryan have any claims against the town?  Can the council re-hire Ryan??  Or is he ineligable until next January?

[Frank Snyder]

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