Detroit (WWJ)  -- A court victory for Detroit Mayor Kwame Kilpatrick. 

Wayne County Circuit Court Judge Robert Ziolkowski has ruled Detroit City Council does not have the authority to proceed on their efforts to remove the mayor via forfeiture. 

Judge Ziolkowski said the city charter does mention forfeiture, however it doesn't say anything about penalties.

WWJ's Florence Walton reports the charter is vague in the area regarding removal.  
  
City Council special attorney Bill Goodman says he plans to appeal the decision. 

Detroit City Council President Ken Cockrel Jr. told WWJ just after the ruling was announced that he had not had a chance to discuss the decision with Goodman and couldn't comment until later Monday.

Forfeiture hearings were scheduled to start Tuesday.

The council accuses the mayor of violating the charter by not revealing a confidentiality agreement linked to an $8.4 million settlement in a civil case.

A second removal effort by the council rests with Gov. Jennifer Granholm, who will preside at a Sept. 3 misconduct hearing targeting Kilpatrick.

The mayor also faces 10 felony counts in two criminal cases.

Meantime, Wayne County Prosecutor Kym Worthy's office tells the Detroit News there is no talk between them and lawyers for Kilpatrick or former chief of staff Christine Beatty on any settlement to avoid a trial.  In fact, all sides will meet September 4th to set a trial date.


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