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Alioto-Pier files brief requesting denial of city attorney’s appeal

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In the ongoing battle to keep her name on the ballot, Supervisor Michela Alioto-Pier on Friday filed a brief with the court asking that it deny the city attorney’s appeal of a recent court decision.

The court in July ruled that the District 2 supervisor was in fact eligible to run for re-election.

Alioto-Pier was appointed in January 2004 by Mayor Gavin Newsom, who vacated the post when he won the mayor race.

Alioto-Pier served about one year before running and winning a two-year term to finish off what would have been Newsom’s stint. She was then re-elected in November 2006 for a term that ends in January.

City Attorney Dennis Herrera wrote an opinion in 2008 that said Alioto-Pier’s appointment followed by her election to the post means she was appointed to serve a longer than two-year term, which, under the City Charter, constitutes a four-year term.

Herrera’s office has until Aug. 13 to respond.