Carbon County District Attorney Michael S. Greek has filed a civil action and is seeking an immediate injunction to keep a Lower Towamensing Township supervisor from participating in any township actions. He is seeking to have him removed from office because of prior felony convictions on his record.

Greek filed the action in the prothonotary’s office on Tuesday as a “Quo Warranto” complaint against Terry R. Kuehner.

A “Quo Warranto” action is a writ issuable by the state. It demands an individual to show by what right he or she exercises an authority which can only be exercised through grant or franchise from the state.

Greek is seeking an order of court declaring that Kuehner, who was elected to a six-year term as supervisor in the township in last November’s election, is “unqualified due to his prior felony convictions pursuant to Article II, Section 7, of the Pennsylvania Constitution. He is asking for removal.

According to a Carbon County Court of Pleas Court Summary, Kuehner was convicted in November 2005 of three felonies and three misdemeanors.

The first conviction was for aggravated assault with attempted bodily injury. The word aggravated is used when a deadly weapon is part of the assault. He was sentenced to prison for 18 months to 10 years for the conviction.

He also had two more felony convictions for aggravated assault, but one sentence length was merged into the other. Again, the sentence was 18 months to 10 years in prison.

All three misdemeanor convictions were for simple assault, which carry a sentence of six to 12 months in prison. He pleaded guilty to one of the misdemeanors and was sentenced for it, but the other sentences were merged into the felony.

The convictions stem from an incident in September 2004 where after a nine-hour standoff at his house with state police, Kuehner fired his weapon. The bullet struck the hood of a police cruiser where an officer sat and put in a three-quarter-inch scrape.

Kuehner has frequently disrupted township meetings in the past year, questioning supervisors and employees.

His questions led to the resignation of secretary Christine Wentz.

The township reorganization meeting for supervisors was not held Monday evening due to a lack of quorum.

Brent Green, the chairman of the supervisors, and Connie Brown did not attend.

Green did not have a date for the next meeting.

Township business, such as the processing the payments for the garbage bills, was taken care of in December, and are up to date, Green said at the supervisors meeting in late December to pass the budget.

In November, the supervisors hired Mauch Chunk Trust in Jim Thorpe to process the payroll for the township for about six months as the township searches for a new secretary-treasurer.

Greek claims the injunction is needed because Kuehner, as a supervisor, will be taking such official actions by the board with his vote that would be declared “null and void.” Greek argues that the township would suffer irreparable harm in allowing Kuehner to continue as a supervisor until the question of his qualifications is decided.

Greek states in his action, “Greater injury will result in allowing the defendant to serve as township supervisor during the pendency of the action than enjoining the defendant from acting in that capacity.”

Greek also states, “Removal of an unqualified elector due to felony convictions is actionable and an injunction from serving in that capacity during the pendency of the Quo Warranto action is reasonably suited to abate such service.”

One of the county judges will be assigned the matter and will probably hold a hearing on the injunction request.

Kristine Porter contributed to this story.