Judge rules

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LCNN - 10-29-2009 at 10:38 PM

Judge Lets Earlier Ruling Stand; Wet-Dry Election Remains Scheduled For Tuesday, Nov. 24th
A Russell Circuit Judge has refused to alter or amend his previous ruling and absent further court action, a wet-dry election will be held in Jamestown and Lake precincts on November 24th. Circuit Judge Vernon Miniard, Jr. yesterday heard arguments from County Attorney Mark McGaha that any election should be limited to the city limits of
Jamestown.

The hearing concluded around 9:45 yesterday morning and Miniard took the matter under advisement. By 11:30, Miniard had issued a three page ruling denying the request, as was reported on WJRS NEWS at 12:05 p.m. In his ruling, Miniard ordered that the election proceed in both Jamestown and Lake precincts. McGaha, who filed suit a couple of weeks ago on behalf of County Judge Executive Mickey Garner and the fiscal court, had asked for clarification from the Court and stated that Kentucky law only allowed such a vote in either the city limits or the county as a whole. Part of the Jamestown and Lake precincts are in the city limits, and part are outside the city limits. Miniard disagreed and said the issue should be put to a vote of the people in those precincts.

Garner has previously set an election date of November 24th. McGaha could now appeal Miniard’s ruling and could attempt to get an injunction from the Court of Appeals pending their review of the case which could nullify the November 24th election date. It is unclear what action, if any, McGaha plans to take on the matter. So, as it appears right now, the wet-dry issue in Jamestown and Lake precincts will be voted on by the citizens on November 24th.

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