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Judge Vance issues order: Curtis Hardwick can take office

Order issued today, Tuesday, December 30, 2014, allows Mayor Hardwick to be sworn into office while awaiting Judge Vance's rulings on other motions by plaintiff Ben Arnold. Arnold is asking for the results to be thrown out and a new election be ordered.
Next earlier story in case: City awaits Judge Vance's decisions on Mayoral Election

By Ed Waggener

Adair County Circuit Judge Judy D. Vance has issued an order in the contested Mayoral Election overruling plaintiff's request that Curtis Hardwick be prohibited from taking office as Mayor.

Judge Vance issue the ruling relative to this part of the case styled "Ben Arnold, Ruth Smith, and William Burton, plaintiffs, vs. Adair County Board of Elections, et al, defendants."

Judge Vance's order today read, in part, "In order to grant the injunctive relief request by Plaintiff, the Court must find that the Plaintiff's rights will suffer immediate and irreparable injury pending a trial on the on the merits. An injunction must issue only where absolutely necessary to preserve a party's rights pending the trial."

Judge Vances order said that the plaintiff failed to demonstrate what injury will occur, or how his rights would be impacted, by permitting the successful mayoral candidate from taking office at the inception of the regularly scheduled term of office.

Judge Vance wrote, in overruling the plaintiff, "Furthermore, once the election results have been certified, said certificate entitles the person holding it to the possession of the office during the action to contest the right, and is conclusive as to third party matters.

The order was entered in the Adair County Circuit Court Clerk's office today, Tuesday, December 30, 2014.

Copies of the order were distributed to Elmer J. George, attorney for plaintiff; H.K Cooper, attorney for Mr. Hardwick, Adair County Attorney Jennifer Hutchison-Corbin; City Attorney Marshall Loy, and June Parson, a candidate for mayor in the November 4, 2014, general election.

This story was posted on 2014-12-30 15:06:41
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