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SCHUYLER COUNTY, MO. -- A couple of years ago no one wanted to be Schuyler County Prosecutor, now it seems everyone does.

Two years ago, an appointment was made to the position when no one filed for the office. Former Clark County Prosecutor Scott Summers was appointed to the position by Governor Jay Nixon.

In November’s election, the position was on the ballot to be filled and voters selected attorney Lindsay Gravett as Schuyler County Prosecutor.

Now, Summers has filled a petition in which he sites a state statute that he claims shows that he should remain appointed to the position until the office is scheduled for election, which would be in 2014.

The defendants in the case are Schuyler County Clerk Bree Shaw and Gravett.

In the response filed with the court by Shaw's attorney, another statute is sited in which they claim mandates that any vacancy in county office filled by the governor is to serve until January after the following election. Shaw's attorney also claims Summers failed to file his petition in time, which they claim should have been filed within five days of the certification of the election.

Meanwhile Gravett's attorney has filed a motion to dismiss the claim entirely.

Circuit Judge Jack Peace, out of the circuit that includes Putnam County, is hearing the case after Schuyler County Circuit Judge Gary Dial recused himself in the case.

A court hearing on the case is set for December 10 at 9 a.m. in Schuyler County.

Click here to view the court documents.