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Appeals court rules in favor of Commonwealth Atty Gail Williams 'Facts in the case are not complex and largely undisputed.' Click on headline for facts in the case and court's conclusion By Larry Smith, The WAVE, 92.7 Columbia, KY, Attorney Gail Williams' residency qualification to serve as Commonwealth Attorney in the 51st Judicial District has been affirmed by the Kentucky Court of Appeals. The ruling was entered Tuesday, March 5, 2013, following hearings before Court of Appeals Judges Keller, Taylor and Van Meter, in the case of Ronney Hatter, appellant, vs. Gail Williams, appellee. The action affirms an earlier ruling in Adair Circuit Court. In the ruling the judges wrote: "This appeal challenges the judgment of the Adair Circuit Court that appellee Gail Williams was a bona fide candidate in the November, 2012 election for the office of Commonwealth's Attorney for the 29th Judicial Circuit. As he did in the circuit court, appellant Ronney Hatter alleges that Williams could not meet the constitutional residency requirements after the sale of his residence in Adair County with the intent to relocate in Boyd County. The circuit court concluded, however, that the mere sale of Williams' residence in Adair County, without the actual establishment of an actual residence in a different county, did not result in the forfeiture of Williams' Adair County residency, nor did it disqualify him from becoming a bona fide candidate for the Office of Commonwealth Attorney. We agree and affirm.The court decision sited situations in other residency cases and wrote: " . . . we find no basis for disturbing the decision of the trial court. Even if Williams had stated an intention in open court to relocate at some point in the future, his objective actions up to the present conclusively demonstrate that he did not follow through with that expressed intent. "The following objective factors support the trial court's conclusion that Williams is a bona fide resident of Adair County: 1) Williams and his wife maintain their personal bank account in Adair County; 2) Williams maintains his business bank accounts in Adair County; 3) Williams maintains his driver's license and registration for all four of his automobiles in Adair County; 4) he registered and titled a travel trailer in Adair County after the sale of his home; an d5) he downsized, but did not completely close his law practice in Adair County. "Based upon all of these factors, we conclude that the trial court correctly determined that Williams "resided" in Adair County as that term has been defined in Mobley and that there is absolutely no objective evidence that he ever established a residence in Boyd County or anywhere other than Adair County. According, the decision that Williams was a bona fide candidate for the office of Commonwealth Attorney is affirmed." This story was posted on 2013-03-09 06:27:13
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