Carbon County District Attorney Michael S. Greek has confirmed that Lower Towamensing Township Supervisor Terry Kuehner has resigned his position.

Greek filed a civil action in the prothonotary’s office to remove Kuehner from office because he has felony convictions. Kuehner was elected to a six-year term last November. On Jan. 4 Greek filed a “Quo Warranto” complaint alleging that Kuehner cannot hold an elective office due to prior felony criminal convictions, according to the state constitution.

At the time of the filing Greek also requested the court to grant an injunction preventing Kuehner from participating in any township meetings, specifically from voting on township business.

Judge Joseph J. Matika scheduled a hearing on the request but continued it when Kuehner requested time to hire legal counsel. Matika granted the request and rescheduled the hearing for Jan. 21. At that hearing Kuehner said he would resign his position at the next township meeting, which was scheduled for Feb. 1. Matika agreed to continue the hearing so the township could act on the letter.

At the hearing Greek told Kuehner to submit his letter of resignation to him and he would make sure the township solicitor got the letter to present at the meeting.

On Feb. 1 the township meeting was held but solicitor James Nanovic said he did not get any letter of resignation. Kuehner did not attend the meeting.

On Thursday Greek said he did receive the letter from Kuehner and he forwarded it to Nanovic. He said there was some kind of mix-up and apparently Nanovic did not get the letter in time to present at the Feb. 1 meeting.

Greek said he is satisfied Kuehner will not be a member of the board of supervisors.

Court records show that Greek discontinued the complaint Thursday afternoon.

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 was 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.”

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.