A Lower Towamensing Township elected township supervisor, whose position on the board has been challenged by the county district attorney because of felony convictions, told a county judge Friday he will resign his position.

District Attorney Michael S. Greek filed an action in the prothonotary’s office on Jan. 4 as a “Quo Warranto” complaint alleging that Terry Kuehner cannot hold an elective office due to prior felony criminal convictions, according to the state constitution.

Kuehner, who was elected to a six-year term, made his surprise announcement Friday at the start of a hearing before Judge Joseph J. Matika on an injunction petition filed by Greek to have him removed as supervisor. The injunction request asked the court to stop Kuehner from participating in supervisors meetings, specifically from voting on any township business, until the court holds a hearing and makes a ruling on Greek’s action.

An injunction hearing was scheduled for Jan. 10, but continued when Kuehner appeared without legal counsel and asked the court for time to secure one. Matika continued the hearing to Friday, but Kuehner appeared again without legal counsel.

He told Matika he had spoken with a Harrisburg area attorney and has decided to resign the supervisors’ position.

He said he sent a registered letter to the township, but it was returned as no one was at the township building to accept it.

Matika asked if the letter was his resignation.

Kuehner said no, but indicated he was attempting to inform the board of his plans.

Greek said if Kuehner does resign, he will withdraw his petition to have him removed from the board by the court.

Matika was told the next township meeting is Feb. 1. He told Kuehner he would continue the injunction hearing until after then.

Greek told Kuehner to give the letter of resignation to him prior to Feb. 1 and he would make sure that the township solicitor would get it to present at the meeting. He said if the letter is submitted and accepted, he would notify the court.

Matika said if the letter is presented and accepted, he would not reschedule the injunction hearing and wait for Greek to withdraw his legal action. However, if Kuehner does not follow through with the resignation the injunction hearing would be rescheduled shortly, Matika said.

A “Quo Warranto” action is a writ issuable by the state. It demands a person 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 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 county 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.

Township secretary Christine Wentz said she resigned because of him.

The township reorganization meeting for supervisors was not held on Jan. 3, due to a lack of quorum.

The board met Jan. 10 and reorganized, but Kuehner did not attend the meeting.