The mayor had resigned but then changed his mind.

WARREN — Pat Layshock was due to return to his seat as mayor of Newton Falls Monday night, but the city council meeting was canceled for lack of quorum.

The 11th District Court of Appeals ruled that Layshock should have been allowed to rescind his resignation in July. The city has notified the appeals court that it is likely to appeal the decision to the Ohio Supreme Court.

Councilwomen Catie Karl-Moran and Nancy Hoffman were the only two members of the five-person council present, Layshock said.

The council will meet again Dec. 7, the first Monday of December.

The city has also asked the court for a stay of execution, meaning it is asking that Layshock not be allowed back as mayor pending the outcome of the appeal.

Atty. Michael Rossi, who represents Layshock, said he “very seriously doubts” the court will take that action.

The mayor’s position should remain vacant until 2011, the Newton Falls law director said.

WARREN — Pat Layshock has filed a second legal action in an effort to be restored to the office of Newton Falls mayor.

This one also accuses Newton Falls City Council of improperly going into executive session — out of the hearing of the public — to talk about possibly removing Layshock from office.

Layshock, who resigned July 6 under pressure from city council and rescinded the resignation July 8, filed one legal action in the 11th District Court of Appeals in July asking to be mayor again.

No ruling has been made in that action.

On Wednesday, Atty. Michael Rossi of Warren filed another action on Layshock’s behalf, this time in Trumbull County Common Pleas Court. It also asks for Layshock to be reinstated as mayor. The case is assigned to Judge Peter Kontos.

NEWTON FALLS - If Pat Layshock is correct, city council made him a mayor-in-exile, but he said he'll be back.

Not at tonight's meeting, but the meeting on Aug. 3.

"I still consider myself the mayor of Newton Falls. I am waiting to hear from the law director," Layshock said on Friday.

Council, however, sees things differently after accepting his resignation at a special meeting July 8.

Layshock, who quit July 6 shortly after Councilman Tom Moorehead questioned whether he put the city's class action 911 lawsuit against Trumbull County at risk by disclosing that the county's attorney's made a settlement offer, said he would rescind his resignation. He sent two letters stating such to the city clerk's office before council met.